The Presumption of Contact

The Government has announced that it intends to repeal the presumption of contact in private Family Law proceedings.

This means that the Family Court in England and Wales will no longer begin from the default position that contact with both parents is in every child’s best interests. Instead, the Family Court will assess each case individually, weighing evidence of safety, welfare, as well as the wishes and feelings of the children themselves. Many believe that this will better protect children living with or emerging from domestic abuse.

Under the existing law, there is a starting point that children should have contact with both parents unless there is a risk of harm to the child’s safety or welfare. Critics have long argued that this has fostered a pro-contact culture and one that prioritises parental rights to contact over a child’s safety and wellbeing.

Therefore, in 2020, the Government concluded that the presumption of contact was no longer fit for purpose and recommended an urgent review. A 2025 report found that, in numerous cases, unsupervised overnight contact was ordered by the Family Court despite the presence of domestic abuse. Accordingly, the government announced its intention to repeal the presumption of contact and instead, the Family Court will now be required to consider the individual evidence in each case, focussing on the child’s safety, welfare, and where appropriate the child’s expressed views.

Those seeking contact will need to demonstrate that they are safe, suitable, and have the child’s best interests at heart.

Many survivors have long felt that the Family Court forced them to prove they needed protection, rather than treating safety as the starting point. The planned reform is therefore being widely interpreted as a reorientation so that the children’s welfare comes first before the parent’s right to contact.

One of the most troubling dynamics in domestic abuse cases is how abusive individuals may have been able to use the Family Court itself as a tool of control: for example, making repeated court applications which force the survivor into protracted litigation. By removing the presumption of contact, this avenue will hopefully become harder to exploit.

However, no legal reform is a magic wand, and whilst the decision to remove the presumption of contact is being hailed as a milestone and is intended to prioritise the safety and welfare of children above a presumption that it is best for every child to have a relationship with both parents, in order for this to be truly transformative, the shift may not be instantaneous, not only because the change will only take effect once parliamentary time allows, but also because there will need to be judicial training to shift the mindset of judges who have always worked from the starting point that contact should be maintained.

If you are experiencing difficulties agreeing child arrangements following the breakdown of a relationship please do not hesitate to contact us on 0333 305 7777.