Thousands of children protected from abuse under landmark shift in Family Law

The UK Government has announced a reform to prioritise children’s safety by repealing the legal presumption that parental contact is in the child’s best interest. Currently, under the Children Act 1989, family courts are guided to work on the principle that children should have contact with both parents unless there is evidence that a parent could put the child at risk of harm.

Victims and courts bill: A shift toward child centred justice

These reforms, outlined in the Victims and Courts Bill, demonstrate a landmark change within Family Law as it aims to safeguard children. The announcement means family court judges will no longer have to work from a starting point that parental involvement is in the child’s best interest, and instead will be directed to consider the evidence and assess a child’s wellbeing on a case-by-case basis.  

Automatic restrictions on parental responsibility for abusive parents    

The Bill also confirms that parental responsibility will be automatically restricted for perpetrators convicted of serious sexual offences and where a child is born of rape. Removing this parental responsibility will mean that abusive parents cannot make decisions in relation to their children’s lives on matters such as education, healthcare, and their religious upbringing. This not only provides protection for the children born of rape, but also the victims of abuse, who will no longer need to live in fear of the perpetrators of that abuse interfering with the child’s life through their parental rights.

What does this mean for the family courts?

This shift in family law demonstrates that the rights and safety of children come first. Family court judges will no longer view the starting point that it is in a child’s best interest to see both parents but instead, the child’s wellbeing will need to be assessed to ensure that justice is achieved and is truly child-focused.

Supporting vulnerable families and restoring trust in the system

This reform aims to restore faith in the justice system and improve outcomes for children and parents involved in private family law proceedings, including those vulnerable, who have experienced sexual assault and domestic abuse.

Protecting children without undermining safe parental roles

It is important to emphasise that these reforms are designed to protect children from genuine harm and do not diminish the valuable role that safe, loving fathers play in their children's lives; where there are no safeguarding concerns, the courts will continue to recognise and support meaningful parental involvement.

Need legal advice? Speak to our Family Law experts

If you’re affected by the changes in family law or need guidance on parental responsibility, child protection, or court proceedings, Holmes & Hills’ specialist Family Law solicitors are here to help. We offer clear, compassionate legal advice tailored to your situation, whether you're navigating separation, safeguarding concerns, or complex parenting arrangements. Contact us today to speak with an experienced Family solicitor in Essex and Suffolk.