UK Government strengthens laws to protect children from abuse

On 22 October 2025, the Ministry of Justice announced a landmark reform: the planned repeal of the statutory presumption of parental involvement in the Children Act 1989.

This change means that family courts will no longer begin from the assumption that a child’s welfare is best served by the involvement of both parents. Instead, judges and professionals will evaluate each case from a neutral starting point, one that prioritises the child’s safety, welfare, and individual circumstances above all else.

A cultural shift in family law

This reform represents more than a legislative adjustment; it marks a fundamental cultural shift in how family law balances parental rights with the safety of children.

For many years, critics of the so-called ‘pro-contact’ culture have warned that the presumption of parental involvement limited proper risk assessment and, in some cases, exposed children and survivors of domestic abuse to ongoing harm. The Government has now acknowledged these concerns, noting that “assuming it’s always in the best interest of a child to have the involvement of both parents can perpetuate abuse.”

Why the change matters

Historically, the presumption could only be overturned where clear evidence showed that parental involvement would place a child at risk. In practice, this often created an implicit bias in favour of maintaining contact, even in complex or abusive situations.

Repealing the presumption recalibrates the starting point for judges in their assessment of cases and rebalances the system. It ensures that decisions are based on the facts of each case, rather than an assumption about what should be best for children. It also sends a clear message: being a parent is a responsibility, not a right, and a child’s right to safety must always come first.

What the reform means in practice

The Government intends to legislate for the repeal “when parliamentary time allows.” Until that happens, the presumption remains in force. However, once enacted, courts will no longer be bound to assume that contact with both parents serves a child’s welfare. Instead, they will weigh all relevant factors, including the child’s wishes, emotional needs, and any history of harm or abuse, from a neutral starting point.

The change will also require a shift in practice. Lawyers, judges, and agencies such as CAFCASS will need to adapt through training, revised guidance, and stronger inter-agency collaboration. Without these measures, there is a risk that the reform remains symbolic rather than transformative.

For practitioners, the implications are clear. Risk assessment will sit at the heart of every case, and evidence of harm, whether physical, emotional, or coercive, will need to be presented early and comprehensively. Parents seeking contact will need to demonstrate that involvement is safe, beneficial, and in the child’s best interests, rather than relying on any prior presumption.

A moment of opportunity & responsibility

This reform provides a crucial opportunity to reshape family justice around the needs and voices of children. It challenges all professionals within the system, from social workers to solicitors and judges, to examine whether their current practices truly protect children or merely preserve outdated assumptions.

However, meaningful change will depend on implementation. Legislative reform must be matched by adequate training, resourcing, and cultural change across the justice system. Without that investment, the presumption’s removal risks becoming a statement of intent rather than a lived reality for families.

Looking ahead

In the months to come, key developments will include the drafting of the legislative amendment, guidance from the Family Justice Council on the new framework, and investment in specialist training on domestic abuse and safeguarding. It will also be vital for agencies across the system to work together to ensure consistent, child-centred decision-making.

Independent evaluation will play an important role too. The success of this reform should ultimately be measured by safer outcomes for children, not merely by changes in the statute book.

Conclusion

The decision to repeal the presumption of parental involvement is a watershed moment for family law in England and Wales. It recognises that the automatic assumption towards parental contact has not always served the best interests of children, particularly in cases involving abuse.

By re-focussing the law on a child’s welfare and safety, the Government has set the stage for a more balanced and compassionate system, one where every decision is grounded in the child’s best interests.

Our family law specialists are closely following the development of this reform and advising clients on what it means for current and future cases. It is important that, if you find yourself with any issues concerning child arrangements, either as a victim of abuse or otherwise, that you take specialist and timely legal advice to ensure that your position and that of your child or children, is protected from the earliest opportunity.

If you would like to discuss how this change may affect your situation, or if you are involved in proceedings where issues of risk or parental contact arise, contact our Family Law team for tailored advice and support.