The government has announced a major reform to family law in England and Wales — the removal of the presumption that a child benefits from contact with both parents.
For years, family courts have worked on the starting assumption that it is generally in a child’s best interests to maintain parental contact and a relationship with both parents. The upcoming change will remove that presumption, meaning that each case will now be considered entirely on its individual facts, with the child’s safety and welfare as the absolute priority.
This change has been widely welcomed by campaigners for survivors of domestic abuse, who have long argued that the “pro-contact” culture sometimes put children and parents at risk. But the shift also raises important questions, particularly for parents currently involved in, or expecting, child arrangements proceedings.
What does this mean in practice?
The court will no longer automatically assume that both parents should have contact. Instead, judges will carefully examine the evidence before deciding what arrangement is safest and most beneficial for the child.
If allegations of domestic abuse are raised, the court will usually hold a fact-finding hearing to determine whether those allegations are true.
This can sound intimidating, but it’s important to understand that a fact-finding hearing is there to get clarity – it allows both parties to present evidence, witnesses, and statements so the court can reach a fair and balanced conclusion.
It does mean that more work may be required early in the case, as both sides will need to prepare clear evidence around the allegations. Having the right legal support at this stage can make a huge difference to the outcome.
If you have experienced domestic abuse
For survivors, this reform offers greater protection and the chance to have your concerns taken seriously from the outset. The court’s focus will be on ensuring that you and your child are safe, before any contact is considered.
Our family law solicitors can:
- Help you apply for Non-Molestation or Occupation Orders to protect yourself and your children;
- Assist in gathering evidence and preparing for a fact-finding hearing;
- Represent you in court to ensure your voice is heard and your child’s welfare is central to any decision.
If you have been accused of domestic abuse
For those who have been accused (especially if you believe the allegations are false or exaggerated) this reform means that contact is no longer the starting assumption, so it is crucial to address the allegations carefully and promptly.
The court will investigate through a fact-finding process, so you’ll have the opportunity to present your side of the story and challenge the evidence against you.
Our experienced team can:
- Advise you on how to respond to allegations effectively;
- Help you prepare your evidence and represent you at fact-finding hearings;
- Work to protect your relationship with your children, ensuring decisions are based on fact, not assumption.
The bottom line
The repeal of the presumption of parental involvement is a significant shift in how family courts approach child arrangements. It rightly places safety first, but it also means that more emphasis will now be placed on the evidence surrounding each case.
Whether you are a survivor seeking protection or a parent facing allegations, early legal advice is essential. Our specialist family law team can guide you through the process, prepare your case thoroughly, and support you with empathy and expertise every step of the way.
Contact us today for confidential advice about your situation. 020 8944 5290.