Campaigners have described the decision to remove the legal presumption of parental involvement in child contact cases in family courts as ‘momentous’ after amendments proposals to repeal presumption of parental involvement from the Children Act 1989
The decision to remove the presumption comes after the Government’s own Harm Panel found that it was not fit for purpose and recommended that an ‘urgent’ review be conducted to address it, back in 2020. The ‘long-awaited’ decision has ushered in a new era of hope for countless women and children say the charity Women’s Aid. It also marks a significant shift in the ‘pro-contact’ culture that has, for so long, dominated family courts, and placed the ‘rights’ of abusive fathers over the safety and wellbeing of children.
The definition of parental involvement in the Children Act 1989 refers to any involvement of a parent in a child’s life, whether direct (such as the child seeing the parent face-to-face) or indirect. Direct involvement might be supervised or supported (such as via a contact centre) or unsupervised. If parents are thought to be a threat to their child’s safety, involvement in their lives can be restricted, for example through courts ordering supervised contact, involvement limited to written communication, or by ordering that there should be no involvement at all.
The The Ministry of Justice have said it will legislate to repeal the presumption of parental involvement when Parliamentary time allows.
A separate amendment to the Victims and Courts Bill tabled in Parliament this week will legislate to automatically restrict the exercise of parental responsibility 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 of rape.
The amendment requires the Crown Court to make a prohibited steps order restricting an offender’s parental responsibility where they have committed a serious child sexual abuse offence (this includes crimes such as rape, assault by penetration and sexual assault) against a child for whom they hold parental responsibility and have been sentenced to four our more years in prison. Where it appears to the Crown Court that an automatic restriction would not be in the interests of justice they must not make an order.
The amendment means the provision will now apply to offences committed against any child, not just a child for whom the perpetrator holds parental responsibility. In cases where the rape has resulted in the birth of a child, the restriction would only apply to the specific child that has been born.
Deputy Prime Minister, David Lammy, said the reforms marked a ‘crucial step in restoring faith in (the) justice system’, putting the rights of survivors above the rights of rapists and signals a landmark shift in how this country’s legal system values safety, dignity, and truth.
Farah Nazeer, Chief Executive of Women’s Aid has also called for ‘specialist domestic and sexual abuse training to be mandated for judges, in recognition of the fact that years of pro-contact culture will take time and education to reverse, and to ensure that preventable mistakes are avoided and both women and child survivors are kept safe.’
The decision delivers on the long term campaign of Baroness Harman, Jess Asato MP and Natalie Fleet MP who said
“This amendment will finally offer protection for not only children born of rape, but also the mothers, who have until now always lived in fear of their rapists interfering in the lives of their children through their parental responsibility rights. This change will end that fear.
“It puts the rights of survivors above the rights of rapists and signals a landmark shift in how this country’s legal system values safety, dignity, and truth. It will deliver powerful, lasting change for thousands of women and children and I am delighted that this Government has listened to our concerns and acted so swiftly.”
Minister for Victims and Tackling Violence Against Women and Girls, Minister Davies-Jones, concluded:
“These reforms will shield both mothers and children from the heinous actions of predatory parents as part of our mission to halve violence against women and girls in a decade under our Plan for Change.
“I’m proud to support these amendments, which build on the tireless campaigning of Natalie Fleet MP, Baroness Harman, and Jess Asato MP who have been unwavering in their advocacy for the protection of children and women.”
