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  • Wednesday, 22 October 2025

Presumption that parental contact is best to end in family courts

Presumption that parental contact is best to end in family courts

The Ministry of Justice (MoJ) announced that family court laws will be updated so it is no longer based on the belief that contact with both parents is usually in a child's best interest. The government has confirmed that new evidence shows that believing that it is always best for a kid's well-being will perpetuate violence. Although the date has not been announced when the law will be amended, domestic violence charities have welcomed the change. Claire Throssell, whose sons Jack, 12, and Paul, nine, were killed by their father in a house fire in Yorkshire this week, has caused the change.

Despite recent threats to them and themselves, he had been allowed to spend time with his children. The legislation currently holds that contact with both parents is in the best interests of a child, with safeguards to limit participation where it is harmful to a children's wellbeing. However, the government claims it will now repeal the statute under the 1989 Children Act, which could result in quicker decisions to limit contact with abusive parents. Ms Throssell, a spokesperson for Women's Aid, said successive governments have failed children by sticking by the outdated presumtion that contact with both parents was in their best interest. Though it does not sound like a win, she claims that the change

will save so many children's lives. Ms Throssell, a mother from Bristol's Woman's Hour, shared a snapshot of her boys who she brought into the studio, said she had made a promise to her son Paul while he lay dying in her arms more than a decade ago. On Tuesday, she met Prime Minister Sir Keir Starmer, who said he would deliver it.
I've been waiting 11 years, but I don't want to wait 11 more. "Let's be honest, the family courts have allowed down children for 30 years, have failed to shield them, and have failed on children who have been unable to see, hear, and encourage them. They can't be allowed to fail them for 30 more days. I hope it will happen as soon as next year.

I salute Ms Throssell'srelentless advocacy for children's safety,Deputy Prime Minister David Lammy said.I thank her sons, Jack and Paul, whose memories inspire our pledge to ensuring no other child suffers a similar fate.

When legislative time allows, the MoJ said it will legislate to repeal the presumption of parental involvement. Farah Nazeer, Women's Aid's chief executive, said the move has been
warmly acceptedby the organisation.Changes to the presumption are a significant first step, but because the current 'pro-contact' culture is deep-rooted in the family courts, urgent action must be taken to reverse these unhealthy attitudes and beliefs that are putting lives in jeopardy. "Earlier this week, the government also announced plans to automatically exclude parental responsibility for rapists whose convictions culminated in the birth of a child and parents who committed serious sex crimes against any children. The MoJ said the plans were a critical component of the government's drive to reduce violence against women and girls within a decade.

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