Government reforms seek to enhance protections for children

What are the reforms?

The government has just announced two key changes which aim to promote the safety and wellbeing of children at the centre of family law disputes.

The first change is to repeal the presumption of parental involvement where there is a dispute about a child’s arrangements.  Introduced in 2014, the presumption required a parent opposing the other’s involvement to prove their case, while the other parent faced no hurdle, it being presumed their involvement was beneficial.

The presumption was introduced in 2014 and requires any parent arguing in favour of no involvement by the other parent to convince the court their position is right, whereas the parent arguing for there to be involvement does not face this hurdle, it being presumed that contact/involvement is beneficial unless and until it can be shown otherwise.

‘Involvement’ doesn’t necessarily mean face to face contact or overnight stays; it could include a situation where a parent has contact through telephone or video calls, or sends letters and cards.

The second change is the automatic restriction of Parental Responsibility where a parent is convicted of a serious sexual assault against a child (not necessarily their own) or a child has been conceived through rape. Parental Responsibility (sometimes referred to informally as ‘parental rights’) gives each parent an equal say in important matters such as where a child goes to school, their religion, even if they can go on holiday abroad or not.

Why have these changes been proposed?

A government report into the proposed change to the presumption of involvement concluded that it led to assumptions being made and a lack of individual focus on the child involved.  The report also concluded that it had the potential to minimise domestic abuse and increase the risk of abuse towards children in future.

The announcement of the change followed a long-running campaign by Yorkshire mother Claire Throssell whose two young sons were murdered by their father during a court-ordered contact visit in 2014, despite her repeated warnings that he presented a very serious danger to all of them.

There is currently no specific timeline for the repeal of presumption but many hope it will form part of the legislative programme for the next parliamentary year

The second change was introduced on the 20^th October 2025, following a long-running campaign by Member of Parliament Natalie Fleet.  It followed her direct experience of conceiving a child through rape after being groomed as a child.  The change is at an advanced stage, having been added to the Victims and Courts Bill currently making its way through parliament.  There are clear plans set out for how it will be implemented, requiring the Criminal Courts to make a Prohibited Steps Order to limit Parental Responsibility at the same time as it is sentencing after a sexual abuse conviction.  Where evidence is not conclusive as to a child resulting from the offending that led to the conviction, the Criminal Courts may still refer matters to the local authority who must then commence Family Court proceedings for a Prohibited Steps Order.

Previously it was necessary for one parent to start a case against the other parent themselves, resulting in high levels of stress and large legal bills.

Ms Fleet emphasised the reform’s focus on protecting those who had suffered abuse, stating: “This law is saying we’re putting the needs of survivors above the needs of rapists”.  It had long been argued by victims’ rights groups that Parental Responsibility could be used to control and torment the other parent, a form of domestic abuse itself, and re-traumatise victim’s years after more direct and obvious forms of abuse had ended.

The reforms have not been universally well-received. The charity Families Need Fathers has opposed the repeal of the presumption of involvement, saying it will compromise the emotional stability and wellbeing of children by jeopardising their chances to have a relationship with both parents.

How can we help?

If you are involved in a dispute related to child arrangements or have been affected by the issues in this article, whether there are court proceedings or not, and whether you are a mother, father, or other family member, one of our experienced family law specialists can speak to you about what options you have and what your rights are.

Please call and ask for our Family Law team on 01227 763939 or complete the contact form on our website: https://www.furleypage.co.uk/contact-us/