A Critical Shift in Family Court Law

We’re sharing an important legal development that directly affects the women and children we support every day. The UK government has announced that it will repeal the legal presumption of parental involvement in child contact cases — a change many survivors, frontline workers and sector organisations have been fighting for.

For more than three decades, the Children Act 1989 has contained a presumption that ongoing involvement from both parents is automatically in a child’s best interests. In practice, this has meant that even in cases involving domestic abuse, the system has often prioritised maintaining contact over safeguarding. Through the disclosures we hear daily in our centre, we know how often this assumption has enabled abusive men to retain access to children, prolong harm, and undermine safety.

This repeal follows a detailed government review which found that the presumption can, particularly in severe cases, perpetuate abuse and place children at risk. Yet as our frontline experience shows, these patterns are not confined to the most extreme situations — they are far more widespread than the system has been willing to acknowledge.

This change marks a significant step towards a justice system that listens to survivors, prioritises safety, and recognises the realities of domestic abuse. It’s also a moment to reflect on the courage of the women who have shared their stories — often at enormous personal cost — and the power of collective advocacy across the sector.

Sector Reactions

SafeLives described the reform as “monumental,” noting that the presumption has long been weaponised by perpetrators and has required professionals to operate under the harmful belief that “both parents are best,” even where clear risks were present.

Women’s Aid welcomed the announcement as “momentous,” recognising a decade of campaigning by survivors, including ambassador Claire Throssell MBE. They marked the decision with a tribute to the children whose lives were lost or harmed through unsafe contact arrangements — a stark reminder of what is at stake.

Together, these responses highlight that this shift is more than a legislative amendment. It is a long-awaited acknowledgement of survivors’ lived experiences, extensive research, and years of frontline evidence. It signals progress towards a family court system that is trauma-informed, evidence-led, and genuinely centred on children’s safety.

Our Response

We welcome this long-overdue reform as a vital move towards protecting children and empowering survivors. For too long, the presumption of parental involvement has placed adult (often male) entitlement above child safety, with devastating consequences for women and children seeking protection and stability.

We stand with SafeLives, Women’s Aid and survivor advocates in recognising the importance of this moment. At My Sisters’ House, we remain committed to pushing for a family court system that is trauma-informed, child-centred, and grounded in safety — never in assumption.

Learn more at Hear Them Or Grieve Them - Women’s Aid

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With thanks to the David Hunt Charitable Trust