There has been a major shift in family law which will remove the presumption that children should maintain involvement with both parents after divorce or separation. Domestic abuse campaigners have hailed this change as ‘a victory for children’s lives’ .  This decision comes after years of criticism that the existing court system often placed the rights of abusive parents over the safety and wellbeing of the children.

Why the law is changing

Under the current Children Act 1989, family courts have been guided by the belief that children should spend time with both parents unless there is evidence it is not in their best interests. However, this presumption is being repealed after findings from the government’s own harm panel found it not fit for purpose. The domestic abuse commissioner’s office revealed that many abusive parents were being granted unsupervised parental contact which was endangering the children’s safety.

A shift away from pro-contact family law

This new policy is a welcome change within the family courts. It will allow the judges to assess each case based on the specific evidence and focusing on the child’s best interests rather than automatically assuming that both parents should be involved in their lives. This a monumental step forward in adjusting the ‘pro-contact culture’ that has directed the family justice system.

This shift is especially significant for survivors of domestic abuse , who have often faced further harm in the family court system by their ex-partner using the court as a way of retaining control over them or alleging ‘parental alienation’ towards them if they stop contact.

What does this mean for separations when children are involved?

The removal of the parental involvement presumption is a victory for children’s safety. It sends a strong message that their welfare will no longer be overshadowed by the rights of abusive parents.

For parents navigating separation or disputes over child arrangements , this change provides reassurance. It means that the courts will prioritise what is genuinely best for the child, based on the evidence presented.

For family law advice, contact us

If you’re unsure about your options or need advice about arrangements for your children, it’s important to speak with a specialist family solicitor. At Switalskis, our experienced family law team can guide you through the process, to ensure your child’s needs are prioritised, and support you every step of the way.

You can contact our team by phone or the form below to arrange a free half-hour advice appointment and find out how we can help you reach a safe and fair arrangement for your child .