The legal rule that says it is always in the best interests of a child to have the involvement of both parents is to be removed. The aim is to reduce the risk of children being abused.

The government said new evidence shows that always prioritising parental contact can allow child abuse to continue in some of the worst cases.

This change follows strong campaigning by Claire Throssell, whose children Jack and Paul were tragically killed by their abusive father 11 years ago.

Protecting Children Comes First

Deputy Prime Minister David Lammy said:

“We are rebuilding trust in our justice system by putting victims first and ensuring that the protection of children is never compromised.

If parents are thought to be a threat to their child’s safety, involvement in their lives can be restricted, for example through supervised contact, written communication only, or no contact at all.”

Part of Wider Reforms in Family Courts

This step is part of ongoing work to make family courts safer and improve outcomes for children.

Earlier this year, the government expanded a pilot scheme called Pathfinder courts. These courts aim to improve the experience for children and parents in private family law cases — especially those involving domestic abuse.

The government has also announced plans to automatically restrict parental responsibility in cases where:

• A person with parental responsibility is convicted of a serious sexual offence against any child, or

• A child is born as a result of rape.

“Being a Parent is a Privilege, Not a Right”

Justice Minister Baroness Levitt KC said:

“The horrors of domestic abuse can scar a child for life. Our research shows that the presumption of parental involvement can, in some cases, lead to contact being ordered even where there has been abuse.

Our priority must always be children’s welfare. Being a parent is a privilege, not a right. The only right that matters is a child’s right to safety.”

Next Steps

The Ministry of Justice will introduce legislation to repeal the presumption of parental involvement when Parliamentary time allows.

We will keep clients informed as the law develops.

If you would like more information about this issue or any aspect of family law, please contact our team.