Hayley Tarrant, Service Manager – FLAG DV
Repeal of Parental Involvement Presumption: A Vital Step Towards Protecting Survivors and Children
Hayley Tarrant, Service Manager of FLAG DV welcomes the recent announcement that the government will repeal the legal presumption of parental involvement in the family courts, a move that survivors of domestic abuse, children’s advocates, and frontline organisations like ours have long called for.
This change comes after a thorough review found that the “no stone unturned” approach to promoting a child’s relationship with both parents has, in too many cases, resulted in unsafe decisions that risk the wellbeing and safety of both children and adult survivors.
Why This Change Matters
The presumption, introduced in 2014 through the Children and Families Act, instructed family courts to assume that a child’s welfare is best served by having involvement from both parents, whether directly or indirectly, unless there was evidence that this would put the child at risk of harm.
But for years, survivors and professionals have warned that this presumption has often tipped the balance away from safety, reinforcing a “pro-contact” culture that overlooks or minimises the impact of domestic abuse. It has also made it harder for survivors to protect their children from harmful contact arrangements, often requiring them to prove a risk, even in the face of ongoing abuse.
What the Review Found
The Ministry of Justice’s own findings echo what survivors have told FLAG DV for years. The review found:
- The presumption was rarely disapplied, even when there were clear indicators of harm.
- In many cases, direct and unsupervised contact was still ordered where there was evidence of abuse or risk.
- Domestic abuse was cited in a significant proportion of family court cases, yet unsafe contact was still frequently arranged.
- The pro-contact culture “detracted from the court’s focus on the child’s individual welfare and safety”.
What Happens Next?
The Ministry of Justice has confirmed it will legislate to remove the presumption as soon as parliamentary time allows. This marks a critical step in shifting the culture of the family courts towards one where the child’s welfare and safety are truly paramount, not assumed, but assessed carefully and on a case-by-case basis.
As Justice Minister Baroness Levitt rightly stated:
“Being a parent is a privilege, not a right. The only right that matters is a child’s right to safety.”
This repeal will reinforce the principle that contact with a parent must never come at the cost of safety, and will refocus courts on the comprehensive welfare checklist already set out in the Children Act.
FLAG DV’s Response
At FLAG DV, we know how terrifying it can be for survivors of domestic abuse to navigate the family courts, especially when the system seems weighted against them. We regularly hear from clients who are fearful of being forced into unsafe contact arrangements, or who feel unheard when raising concerns about risk.
The repeal of this presumption is not just a legal amendment, it is an opportunity for cultural and systemic change. It recognises the reality that abuse doesn’t end when a relationship does, and that children’s safety and emotional wellbeing must always come first.
We also echo the calls from fellow organisations and the Domestic Abuse Commissioner for the following next steps:
- Mandatory specialist training for all family court judges and professionals on the dynamics of domestic abuse and coercive control.
- Ongoing monitoring to ensure the repeal results in meaningful changes to court practice.
- More accessible, trauma-informed legal support for survivors, especially those representing themselves in court.
Looking Ahead
This is a pivotal moment in the journey towards a safer, fairer family court system. But we must remain vigilant. Legal reform must be matched by real change in how cases are heard, how risk is assessed, and how survivors and children are protected.
FLAG DV remains committed to providing free legal advice and emotional support to those affected by domestic abuse. We will continue to advocate for survivors, challenge unsafe practices, and ensure that safety is never compromised.
