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The government has announced significant reforms to family law, confirming on 22 October 2025 that it will repeal the presumption of parental involvement from the Children Act 1989.
Currently, courts in England and Wales are guided by the principle that children should maintain a relationship with both parents unless there is evidence that doing so would place them at risk of harm.
However, campaigners and professionals have long argued that this presumption has failed to safeguard children in cases involving domestic abuse or coercive control.
This reform should provide greater protection for children in cases where abuse is factor, either alleged or proven.
The decision follows years of pressure to end what has been viewed as a "pro-contact culture" in the family courts.
Once implemented, the change will remove the automatic assumption that contact with both parents is in a child's best interests. Family lawyers and campaigners have welcomed the move, suggesting it will allow judges to make quicker, clearer decisions to restrict contact here it is deemed necessary.
Recently, stark evidence has shown that domestic abuse features in around nine out of ten private family law cases, with children ordered to spend time with an unsafe parent in over half of them.
The repeal represents a long overdue rebalancing of the law to place child safety above parental entitlement. It coincides with the anniversary of the deaths of Jack (12) and Paul Throssell (9), who were killed in 2014 by their father after he was granted contact despite evidence of serious threats.
Their mother, Claire Throssell, a leading campaigner for reform, said the repeal will "save so many children's lives".
The move follows another reform announced earlier this week to expand the automatic removal of parental responsibility for those convicted of serious child sexual offences. Previously, offenders could only be stripped of parental responsibility if the offence was committed against their own child.
Under the new provisions, any person sentenced to four years or more for a child sexual offence will automatically lose parental responsibility, and this will also apply in cases where a child was conceived through rape. The restriction will take effect immediately after sentencing, removing the need for a separate family court application.
Alex Davies-Jones, Minister for Victims and Violence Against Women and Girls, said the reforms would "shield both mothers and children from the heinous actions of predatory parents", marking what many legal practitioners view as a defining moment in the evolution of child protection law.
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