header-logo header-logo

29 October 2025
Issue: 8137 / Categories: Legal News , Family , Child law , Abuse , Divorce
printer mail-detail

Presumption of contact to end

Family lawyers have welcomed government plans to repeal the presumption of parental involvement from the Children Act 1989, but emphasised the need for each case to be determined on its facts

The decision, announced last week, follows the campaigning of Claire Throssell, whose children were killed by their abusive father 11 years ago.

Bar Council chair and family silk Barbara Mills KC said the presumption that it is in a child’s best interests to have contact with both parents ‘has long prioritised contact over safety, leaving many potentially subjected to ongoing abuse’. She said repeal was ‘a strong protective measure’, but called for more funding ‘to ensure all parties are represented and have access to non-means-and non-merit-tested legal aid.

‘Unrepresented parties often mean cases go on for longer, swallowing up judges' time. Family court proceedings can also themselves become a vehicle for ongoing abuse’.

Family silk Ruth Kirby KC, barrister at 4PB, said: ‘Family cases are fact-specific and many involve genuine domestic abuse which must and should be taken into account.

‘That hasn’t always been the case when using the starting point that a child is entitled to have a relationship with both parents. There are also cases in the family court where women make false allegations of domestic abuse and I am concerned that any complete abandonment of the presumption may give more weight to those false allegations and unfairly deprive children of their right to a relationship with both parents.

‘We must continue to approach cases on a fact-specific basis and not assume that every allegation of domestic abuse is true. I worry that we may be heading too far in that direction.’

Kirsty Morris, partner at Burgess Mee, said it was essential to balance the protection of those at risk with safeguards against restricting parental involvement where there is no risk.

The government also plans to introduce automatic restrictions on parental responsibility following conviction of a serious sexual offence against a child, or where a child is born as a result of rape.

The reform, announced last week, will be made through an amendment to the Victims and Courts Bill.

Issue: 8137 / Categories: Legal News , Family , Child law , Abuse , Divorce
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll