Currently, courts dealing with child arrangement cases are obliged, under the Children Act 1989, to start from the assumption that it is in a child’s best interests to maintain a relationship with both parents. The government plans to repeal this presumption through the Courts and Tribunals Bill, currently at the second reading stage in the House of Commons. Following the law change, courts would start from a neutral position on what makes for best interests. Where a court believes a parent may pose a risk, they could order supervised contact, indirect communication only, or no involvement at all.
The Lord Chancellor said: ‘This is a landmark moment that I want to dedicate to the remarkable Claire Throssell, and to the memory of her two children, Jack and Paul.’ Throssell’s sons were murdered by their abusive father, who had been awarded contact by the family court despite her and her children’s pleas that this put them at risk.
Nick Gova, family partner at Spector Constant & Williams, said the reform was ‘a decisive break from a culture that too often prioritised contact over child safety.
‘This reform pushes the focus back where it belongs: on evidence, the risk of harm to a child, not on automatic assumptions about parental rights. The role of a judge is rightly to assess the role of a parent, without the need for a presumption, pulling their decisions in one direction.
‘If implemented rigorously, this Bill has the potential to save children from being exposed to further harm through the family courts. Although such steps should not be taken lightly and only where there has been a thorough investigation or findings. The success of this reform will depend on strong judicial training and consistent application.’
