Government announces major reform to protect children in family courts

On 22 October 2025, the government announced plans to change the way the family courts handle child contact cases. In this blog, we explain what is changing and what it could mean for families.

The current situation

At the moment, family courts operate under the principle that it is generally in a child’s best interests to have contact with both parents, even if one parent acted in an abusive manner in the past. This is known as the “presumption of parental involvement”, introduced through the Children and Families Act in 2014. However, a recent Ministry of Justice (MoJ) review found that this presumption sometimes placed children at risk. The report noted that “courts were ordering direct contact between children and parents who caused or posed a risk of harm”.

What will change?

Following strong criticism from lawyers and professionals involved in the care of children, the government has announced that courts will no longer work on the “presumption of parental involvement”. Instead, judges will be required to consider each case individually, assessing whether it is safe for the child to have contact with the parent in the short and long term.

Also, the government plans to automatically restrict parental responsibility in very serious cases – for example, if a parent has been convicted of sexual offences against an adult and/or minor. This restriction or removal could mean that certain parents will not be able to exercise their parental responsibilities.

The MoJ stated that the legislation will come into effect “when parliamentary time allows”, however professionals and judges have been advised to adopt the proposed new mindset immediately.

Why does this change matter?

This announcement represents one of the most significant developments in children’s law for many years. It marks a cultural shift towards prioritising children’s safety and wellbeing over the principle of equal parental involvement.

The reform acknowledges that not all contact is good contact. In some circumstances, forcing contact with a parent who has been abusive can cause lasting emotional or physical harm. This is, of course, assessed on a case-by-case basis; however, it indicates a change in mentality that professionals and judges will need to adopt in all relevant future cases.

The government hopes the reform will help rebuild trust among families affected by domestic abuse and ensure that no child is placed at risk in the name of “fairness” between parents.

Do you need support?

At Attwaters, our Family Law specialists understand the sensitivity and complexity of cases involving children. To find out how we can help you navigate the changing law, please get in touch on familylaw@attwaters.co.uk or call 0330 221 8855.

If you or someone you know is affected by domestic abuse, support is available: