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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.