When a child’s parents no longer live together they may need help deciding with whom the child will live or when they will spend time with each parent. If the parents cannot agree they may make an application to the Court. The Judge has to follow the law when making decisions about children, known as ‘The Children’s Act 1989.’
Part of the law deals with the presumption of parental involvement which tells the Court that most of the time, it is good for children to spend time with each of their parents but only if this is safe and the best thing for the child.
The Government has decided, following new evidence that the existing presumption can sustain harm in cases involving domestic abuse, to remove from the Children’s Act that part of the law that tells the Court that they must think it is nearly always best for children to spend time with each of their parents. The move aims to ensure that the safety and wellbeing of the child is always prioritised over contact with the parent.
Although the current law already allows the Courts to restrict contact where is it contrary to a child’s welfare, ministers said the repeal would send a ‘clear signal’ that the protection of children must come first.
The announcement published on 22nd October 2025, follows the tireless campaigning of Claire Throssell MBE, whose children Jack and Paul were tragically killed by their abusive father eleven years ago.
The change forms part of the Governments’ Plan for Change’ which seeks to protect children, stand up for victims and rebuild trust in the justice system. Under the proposed reforms, Courts will retain powers to restrict a parent’s involvement where they are deemed a threat to a child’s safety; including supervised contact, indirect contact through written communication or no contact at all.
Earlier this month, the Government also announced plans to automatically restrict the exercise of parental responsibility (the rights duties and responsibilities a parent has in relation to a child) in cases where a person with parental responsibility has been convicted of a serious sexual offence against any child and where a child is born through rape. These changes form part of the Government’s wider mission to halve violence against women and girls within a decade.
Steps will now be taken with the goal of getting the repeal of the presumption of parental involvement passed into law.
If you with to discuss arrangements regarding your children please get in touch for a free 30 minute consultation on 01257 228027 or by email info@rjtsolicitors.co.uk
