The Government are taking action to better protect children from abusive parents.
Young people exposed to family courts will now be protected from harm by new plans to repeal the presumption of parental involvement after new evidence highlighted that always prioritising contact can extend child abuse in the worst cases.
Family Partner at Knights, Charlotte Perry, believes this is a big change for family law:
“Under the Children’s Act 1989, courts currently begin with the assumption that a child benefits from contact with both parents. This is now set to change.
“The government plans to repeal that presumption, so courts will no longer start from a ‘pro-contact’ position. Decisions will focus on a child’s welfare and safety needs.
“In a nutshell, the reform aims to better protect children from abuse and coercive control and ensuring contact is avoided where it could be unsafe. This move will ensure ever decision is based on that child’s specific situation and not a general rule.
“This means things will change for parents as the courts look more closely at evidence and safeguarding concerns from the outset. Parents raising concerns about harm or control may find their voices are given more weight whilst those seeking contact will need to show how it serves the child’s welfare and not rely on the previous presumption.
“This change could mark a cultural shift in family courts moving away from ‘pro-contact by default’ to ‘safety and welfare first’.”
Charlotte Perry is a Family Partner based in the Knights office in Cheltenham.