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The government is currently considering significant reforms to the Children Act 1989, in particular the presumption that a child should have “involvement” from both parents following separation. This presumption has been in place since 2014 and has often been interpreted as a starting point that contact with both parents is generally in a child’s best interests. However, campaigners, survivors, and family law professionals have long expressed concerns that in cases of domestic abuse, this presumption can place children and the non-abusive parent at risk.
The proposed changes would remove this general presumption in cases where domestic abuse is a factor.
So, what does this actually mean for parents currently going through separation or court proceedings?
Understanding the current law
Currently, the court must prioritise the welfare of the child. The presumption of “involvement” does not automatically mean a child must spend time with both parents, but it has often set the tone in proceedings. Even where abuse has been raised, parents can feel pressure to agree to contact arrangements that do not feel safe.
Domestic abuse is not limited to physical violence. It includes coercive control, emotional abuse, economic abuse, threats, intimidation and behaviour that undermines a person’s autonomy or wellbeing. The Family Court increasingly recognises this, but survivors often report feeling disbelieved or minimised within the system.
What the proposed reform aims to change
The suggested reform would create an explicit exception to the presumption where there is evidence of domestic abuse. This means:
- The court would no longer start from the position that contact with both parents is beneficial.
- Judges would instead begin their analysis from the standpoint of safety and wellbeing.
- The focus would shift to a more detailed, case-by-case assessment of the impact of the abuse on the child and the parent with care.
This is not about excluding parents unnecessarily. It is about ensuring that any contact takes place only where it is genuinely safe and in the child’s best interests. This may involve supervised contact, indirect contact (e.g., letters or video calls), or no contact in the most serious cases.
What does this mean if you are currently in proceedings?
If you are already involved in the court process, the law has not yet changed, but judges are increasingly aware of the safeguards needed in domestic abuse cases. If you have experienced abuse, it is important to inform your solicitor and ensure the court has full information. Protective measures such as a fact-finding hearing, special measures (e.g., separate waiting rooms or screens in court), and safeguarding assessments remain essential.
Our approach
We work closely with clients to ensure their voice is heard, their experiences are taken seriously, and the child’s welfare remains at the centre of all decision-making. If you are worried about contact arrangements in the context of domestic abuse, you do not have to navigate this alone. We are here to advise, support and guide you every step of the way.