Deputy Prime Minister, David Lammy, recently claimed that every decision he made in the justice system would “prioritise children’s safety, their wellbeing, and their right to grow up free from harm.”
It’s fair to say the Government’s move to better protect children from abusive parents by repealing the presumption of parental involvement is a step in that direction. The decision has been made on the back of evidence that showcased how the current need to prioritise parental contact has led to extended child abuse in the worst cases. It is a decision that will send ripples across family courts up and down the country – but for all the right reasons.
At this moment, it’s important to note the determined campaigning of Claire Throssell, whose children Jack and Paul were tragically killed by their abusive father more than a decade ago. Her efforts have steered the country to this landmark moment.
The reform, which is part of the Government’s Plan for Change, puts the child first by no longer assuming that prolonged contact with both parents is solely to their benefit. Decisions will now focus on a child’s welfare and safety needs, with aims to better protect at-risk young people from abusive and coercive control – ensuring contact is avoided where it could be unsafe. This move will ensure every decision is based on the individual and specific need of a child, and not a general rule.
The current situation is something that has left myself, and many other family lawyers, conflicted over the course of our careers, as most human beings will naturally gravitate towards putting the safety and security of children first. This is a much-needed cultural shift for family courts as it moves away from a “pro-contact by default” attitude to one focused on prioritising that safety and welfare.
For too long, the family justice system has operated under the presumption that a child’s best interests are automatically served by maintaining contact with both parents. While in many cases that remains true and desirable, the reality is far more nuanced. As practitioners, we see the devastating consequences when that presumption overrides clear evidence of harm, coercive control or trauma.
This reform represents a long-overdue alignment of law with lived experience – recognising that a “one-size-fits-all” approach cannot adequately safeguard children. Each case, each child, and each family dynamic is different, and so the court’s focus must be responsive, evidence-based and firmly centred on welfare.
This decision will see the burden on parents seeking contact to prove how a continued relationship will best serve the needs of their child. Those raising concerns about harm or control will also find their voices given more weight as the courts look more closely at evidence and safeguarding issues from the outset.
However, this change also demands a greater level of professional diligence and cultural awareness from all of us working within the family justice system: lawyers, judges, CAFCASS officers, mediators and social workers alike. It requires a consistent, trauma-informed approach that listens to children and understands the long-term impact of abuse and control.
I’ll end by highlighting how, whilst this is a positive and welcome step in the world of family law, it’s vital we don’t see this new ruling used in the wrong way. This is to help protect those children who are at genuine risk of abuse and, as professionals, it’s important we are aware of those who might look to use this as a weapon against their former partner.
In practice, success will depend on rigorous implementation and ongoing training to ensure the reform is applied fairly. It must not become a blunt instrument, but rather a refined tool for achieving balance, protecting the vulnerable while still promoting healthy, safe relationships where possible.
If implemented with care and clarity, this reform could mark the beginning of a new era for family law in England and Wales – one that truly listens to the child, values safety above presumption and reflects the complex realities modern families face.
Charlotte Perry is a Family Partner at Knights
