Rights of Women responds to repeal of the presumption of parental involvement to better protect children and survivors of abuse

For many years Rights of Women has campaigned for the Ministry of Justice (MoJ) to repeal the presumption of parental involvement in family courts. In 2012, when the Government was considering introducing the presumption, Rights of Women’s report, Picking up the Pieces highlighted the risks and harms for children impacted by domestic abuse if they did so.

The Harm Report, published in 2020 concluded that domestic abuse is frequently minimised or overlooked in private law proceedings because of a ‘pro-contact culture’ that prioritises contact between a parent and child over the child’s safety.

Last week, the Domestic Abuse Commissioner published Everyday Business, her report on domestic abuse in the family court. The report found 87% of case files reviewed showed domestic abuse was raised in the case. Despite this, professionals within the court were dismissive of abuse or minimised the impact it had on survivors, including children.

These reports reflect the experiences of the women that contact Rights of Women seeking legal advice to try to navigate the court system.

This week the Ministry of Justice agreed and confirmed family courts will no longer assume that ordering contact with a parent is automatically in the best interests of a child. Rights of Women has been part of the movement pressing for these changes that includes  courageous campaigners like Claire Throssell MBE, and countless survivors who are unable to speak out about their own experiences in the family court.

This is an important victory and one that is likely to save lives. The presumption of parental involvement dilutes the court’s ability to focus on the welfare of children. Instead, the court prioritises children’s contact with a parent even if they are perpetrators of domestic abuse or child sexual abuse.

Family court decisions relating to children’s welfare must be safe, evidence-based, and reflect our modern understanding of domestic abuse and child sexual abuse. Removing the presumption of parental involvement re-focuses the court’s attention on children’s welfare and will help to protect them from harm, while still supporting healthy, meaningful relationships with parents who are safe and non-abusive.

We welcome the Ministry of Justice’s announcement. It is a step forward for survivors of domestic abuse and child sexual abuse, placing child welfare at the centre of decision making. We look forward to seeing the detailed proposals of the legislation and would encourage the Government to ensure a shift in the culture in the family courts by introducing a presumption against parental involvement where domestic abuse or child sexual abuse is established, requiring perpetrators of abuse to be able to demonstrate they can be safely involved in their children’s lives before child contact is ordered.

Read more about what this victory means:

The Guardian: “Family law shift hailed as victory for children facing domestic abuse” (21 October 2025)

The Bureau of Investigative Journalism: “‘Momentous’ change to family courts aims to keep children safe from abusive parents” (22 October 2025)