When Contact Between Parents and Children becomes a Danger - The Push to Reform

The highly contentious issue of parental access when there is a perceived risk from one parent has now been clarified according to the new plans announced by the Government. The focus will remove the presumption of parental involvement and shift the focus towards the child further.The Family Court system operates on a core principle which considers that the welfare of the child is paramount. Yet, for years, this guiding tenet has been challenged by a systemic issue when contact arrangements are sought by a parent with a allegations or convictions for violence or murder.

Now, following years of campaigning, significant legal reform appears to be on the horizon, aiming to alter how the law views an abusive parent’s right to involvement and contact with their child.

The Children Act 1989 is the cornerstone of child law in England and Wales. When determining contact (or indeed, a Child Arrangements Order including where the child lives, or who the child spends time with), the Court must apply the Welfare Checklist, ensuring any decision is in the child’s best interests by applying a range of factors.

However, this has long included a presumption of parental involvement, unless it poses a risk of harm. This presumption suggests that, unless the contrary is shown, a child’s welfare is best served by having involvement from both parents. While intended to encourage shared parenting post-separation, critics, particularly victim support groups, argue that this presumption has routinely forced judges to facilitate contact, even where there is evidence of domestic abuse, psychological harm, or, in the most difficult cases, extreme violence.

In cases where a parent is convicted of murdering another family member or committing severe acts of violence, the Courts task is complex, but it is essential to balance the child’s right to safety with the desire for connection with their parents.

On 22 October 2025, the Government issued its final report on the presumption of parental involvement review. The urgency for legislative action has been driven by devastating cases, most notably the story of Claire Throssell, whose sons, Jack and Paul, were murdered by their father during Court ordered unsupervised contact in 2014. Despite Ms. Throssell providing evidence of his prior threats and controlling behaviour, the presumption of parental involvement allowed unsupervised contact to continue.

It should however be noted that often in many cases, the Court will balance the presumption of parental involvement with the need to have supported or supervised contact, often at a contact centre in a safe professional environment. This protects the child’s welfare whilst allowing parental contact which is safe for the child.

As reported, the Government has announced a plan to make a crucial change to the Children Act 1998 including the repeal of the presumption of parental involvement.

Cameron Jack, a Paralegal, commented “by removing the presumption, the default position of the Court will no longer be to assume that contact with both parents is automatically beneficial. Instead, the Court will be free to assess the risks posed by a convicted or abusive parent without a prior legal bias towards contact and involvement. In this manner, the recommendation is to consider a Pathfinder approach, which aims for a more investigative, less adversarial approach focused on domestic abuse victims and the voice or views of the child.”

The reform empowers judges to more swiftly and definitively restrict parental involvement when safety is threatened. This could range from:

• Supervised or Supported Contact (usually in a contact centre);
• Indirect Contact Only: limited to video or written communication.
• A No-Contact Order: Complete cessation of any involvement, putting the childs physical and psychological safety first.

Leading domestic abuse charities have hailed the proposed change, with the Chief Executive of Women’s Aid stating that the archaic presumption has put the lives of women and children at risk for far too long. The reform is viewed not merely as a technical legal adjustment, but as a critical, life-saving measure designed to ensure that the protection of children is never compromised by a legal mechanism intended for less extreme circumstances.

The report stated that “…although the presumption of parental involvement was supported by some professionals, the panel received sufficient evidence to conclude that, in the cohort of cases described in submissions, the presumption reinforced a pro-contact culture and detracted from the court’s focus on the child’s individual welfare and safety.”

For parents and children navigating proceedings, this change signals a major legislative shift which puts a decisive halt on presumption of parental involvement, balancing welfare more so instead.

The family lawyers at Giambrone and Partners look forward to working with the new reforms when introduced in practice. Our lawyers have a wealth of experience assisting parents who have faced domestic violence and other forms of abuse, and in dealing with complex child arrangements and other child proceedings.  If you have any concerns around these issues do not hesitate to contact our family law department.

Cameron Jack has considerable expertise in both family law and employment law are is also part of the LGBT+ team at Giambrone & Partners LLP. 

He advises on a wide range of family law, including complex contentious matters. He specialises, in particular, in divorce and financial remedy proceedings, assisting clients with financial agreements and child arrangements. Cameron assists international clients on their family affairs. He also often assists LGBT+ clients and is empathic to the personal circumstances of clients.

Cameron has also advised in high-value financial cases where he has assisted in resolving complicated financial disputes involving assets in family businesses and trusts and is well-regarded by clients.

Cameron’s expertise also extends to employment law where he specialises in mediation and dispute resolution. He works tirelessly to resolve complex situations for his clients working tirelessly to resolve complex situations for his clients.

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