A Landmark Shift in Family Law:

Prioritising Children’s Safety in Domestic Abuse Cases

This week marks a pivotal moment in family law. The UK government has repealed the presumption of parental involvement in child contact cases, a long-standing principle that, until now, assumed it was in a child’s best interests to maintain a relationship with both parents, even in the face of domestic abuse allegations.

At Wollens, we welcome this reform as a long-overdue recognition of what family lawyers and survivors have long known: that safety must come before contact.

What Has Changed?

The presumption of parental involvement, introduced in 2014, often placed children at risk by encouraging contact with abusive parents unless harm could be conclusively proven. The new legislation removes this automatic assumption, allowing judges to prioritise a child’s safety and wellbeing from the outset.

This shift empowers courts to make decisions based on the lived realities of families affected by abuse, rather than abstract ideals of parental rights. It also opens the door to more nuanced, trauma-informed approaches to child arrangements.

Why It Matters

For children caught in the crossfire of domestic abuse, contact orders can be retraumatising. The repeal acknowledges that exposure to abuse, whether direct or indirect, can have lasting psychological and emotional consequences.

As family solicitors, we often see the toll these cases take. We’ve supported clients through applications for Non-Molestation Orders, Occupation Orders, and Specific Issue Orders where the safety of children was paramount. This reform validates those efforts and strengthens the legal tools available to protect vulnerable families.

What Happens Next?

While the repeal is a major step forward, it’s not the end of the journey. A recent article the Guardian rightly highlights the need for:

• Judicial training to ensure consistent, child-centred decision-making.
• Cultural change within the family courts to dismantle outdated assumptions.
• Clear guidance for families navigating separation and abuse-related disputes.
• Amplifying children’s voices in proceedings that affect their lives.

At Wollens, we are committed to being part of that change. Our Client Experience Promise ensures that every client receives compassionate, joined-up advice, whether they’re seeking protection, clarity, or resolution.

If you or someone you know is affected by domestic abuse, our family law team is here to help. We offer confidential consultations and work swiftly to secure protective orders and safe arrangements.

Let’s make this reform count.

Speak to Helen Handley

Helen is a Associate Solicitor at Wollens and can advise you. Contact Helen via email Helen.Handley@wollens.co.uk or call 01392 539197.

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