Family Law Update - Ending the Presumption of Parental Contact

Since 2014, courts were told to presume that the involvement of both parents’ was beneficial to further a child’s welfare. 

This sounded fair, and for many families the arrangement worked well.  But for others, especially where domestic abuse or coercive control existed, this presumption came with dangers.

Investigations found that a “pro-contact culture” sometimes led to unsafe contact being ordered, even when clear risks were present. 

In 2014 Claire Throssel’s sons, Jack and Paul, were murdered by their father Darren during court-ordered unsupervised contact. Since then, Claire has fought relentlessly to reform the system, working with MPs, charities, and survivors to make sure no other child is ever put in harm’s way because of a legal presumption.

The government has now confirmed it will abolish this presumption. This is a major reform that puts child safety above parental entitlement.

So what does this mean in practice? 

This reform recognises that there is no such thing as a one-size-fits-all family.

Courts will no longer start from the belief that both parents’ involvement is automatically in the child’s best interests.  Judges will decide case by case, focusing on evidence, risk, the views of the child and the child’s welfare. “Contact” will continue, but only where it’s deemed safe and beneficial.  There will be stronger risk assessments, better training on domestic abuse and a move towards more child-centered decision-making.