The government has announced plans to remove the presumption of parental involvement from the existing Child Arrangements Act 1989.
The government has announced plans to remove the presumption of parental involvement from the existing Child Arrangements Act 1989.
Up until now, there has been a presumption within Child Arrangement Proceedings that it is in a child’s best interest to have a relationship with both parents.
Claire Throssell, who tragically lost her two children to a fire deliberately caused by their father, has been campaigning for a reform in how the Family Court approach contact between children and their abusive parent/s.
On 22 October 2025, the government announced its intension to remove this presumption if a parent is thought to be a threat to their child’s safety. This shift will put the safety of children at the centre of proceedings where allegations of Domestic Abuse have been made.
This change recognises that prioritising contact in cases involving abuse can place the children at risk of further harm by forcing them to maintain relationships with an abusive parent.
Whilst this change has been widely welcomed, some have expressed concern that removing the presumption of parental involvement could result in children being denied meaningful relationships with their parents. Others argue that this reform does not go far enough, suggesting that public funding through legal aid should be available to ensure parents in private proceedings can participate fairly and safely.
In my experience as a family solicitor, I have found that the presumption of parental involvement has made it difficult to protect children from parents who pose a clear risk of harm to both the other parent and to the children. The Family Court will try to find a way to offer contact between the abusive parent and the children, as the starting point has been that both parents should be involved with their children. A clearer emphasis on the children’s safety would have allowed the court to prioritise the children’s welfare, without the presumption influencing the outcome.
This reform represents an important step towards ensuring that the children’s safety is placed at the heart of the court’s decision in respect of the children’s future relationships with their parents.