Child Protection Over Parental Rights

One of Family Law’s Most Significant Reforms

On 7 March 2026, a government press release announced that a new Courts and Tribunals Bill will be used to abolish the presumption of parental involvement from the Children Act of 1980 and its 2014 amendments. 

This is a significant change for the family courts regarding child custody and is a historic correction that the primary focus in custody matters should always be the wellbeing of the children. 

The Previous Law – Children Act of 1989 and the 2014 Amendment

Child custody and visitation is one of the most important issues that family courts address. As such, Parliament has dealt with this topic on numerous occasions. Under the Children Act of 1989, the welfare of the child was listed as the paramount consideration in determining custodial and visitation arrangements between parents. How this has been applied in practice has been far more nuanced and has been guided by the 2014 Amendments. 

The 2014 Amendment – Presumption of Parental Involvement 

One of the 2014 amendments added a presumption of parental involvement. Specifically, the amendment required a court to “presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare”. Instead of analysing a child’s wellbeing and the whole of situation to make a decision, the court was required to make a presumption in favour of both parents having contact. This is important because it changed the starting point for analysis. Instead of starting and ending on the child, judges were required to justify deferring from both parents having contact.  

Proponents of this presumption argued that it would promote shared parenting and cooperation. Another goal was to decrease the likelihood of a parent being alienated by the other. Fathers’ rights advocates were one such group that supported this presumption. Some even advocated that it go further and be a presumption of each parent having equal custodial time. Overall, the goals of this presumption did align with other family law policies. For example, numerous family cases are required to go to mediation before going in front of a judge. This reflects the reality that a large number of cases can be resolved without the court and that the parties are often happier with results from a mutual mediation. It is also widely regarded that parents who get along and cooperate are better for children. These positive goals, however, do not mean that the 2014 amendment yielded better results for children.

Presumption of Parental Involvement in Other Jursisdictions – No Global Consensus

Around the world, the laws regarding a presumption of parental involvement are mixed. Australia ‘s Family Law Act of 1975 contained a similar parental involvement presumption, but that portion was recently repealed due to child safety issues.  Other countries such as the United States differ by state. For example, California (USA) law contains is a principle that frequent and continuing contact with both parents is in the child’s best interest. This presumption can be overcome if there is evidence of abuse, neglect, or other relevant evidence. In practice, however, even abusive parents can obtain supervised and eventually unsupervised time with the children. Courts will often require parenting classes and evidence of rehabilitation first, but there is a high priority placed on maintaining the parental bond. Other American states that have similar presumptions include Texas and Florida, while New York and Massachusetts do not contain a presumption of parental involvement.  

This is not an issue where there is uniform agreement internationally. Different jurisdictions have different laws. This makes the UK’s recent decision one to watch in the world. How will the new law work in practice? Are any other countries and jurisdictions going to follow? It is too soon to tell on these issues, but it is clear that both UK and international audiences will be following the results of overturning the presumption of parental involvement. 

Issues with the Presumption of Parental Involvement

While the intention of the presumption is laudable, the impact has not been all positive. On 23 January 2025, Parliament debated whether this presumption was putting children in danger by forcing contact with abusive parents. This issue came to light due to the fierce campaigning by advocates and parents who saw their children suffer due to the presumption of parental involvement. 

Claire Throssell

One mother in particular, Claire Throssell, propelled this issue to Parliament. Ms. Throssell’s two sons were killed by their father after the court had relied on the presumption for parental involvement. Despite Ms. Throssell’s warnings of abuse and despite the children not wanting to go with him, the court awarded the father unsupervised time with the boys. 

When Ms. Throssell told the courts he would kill them, the courts responded that she was engaging in parental alienation. In a heartbreaking result, her children’s father trapped himself and the children in a home and set it on fire.

On route to the hospital, one son said, “My dad did this, and he did it on purpose.” He died later that day, and Ms. Throssell vowed to ensure this would never happen again.

The 2025 Review Findings and Surrounding Debate

After tireless advocacy from Claire Throssell and many other groups supporting children’s rights, the government instigated a review of the presumption and its effect on child welfare. For a start, data showed that forty-eight children were killed during contact visits between 1994 and 2015. Many of these cases were similar to Claire Throssell’s in that the survivors warned the judges of the dangers, and the courts ordered contact anyway. Instead of heeding the warnings, courts would often make accusations of parental alienation. The UN Special Rapporteur on Violence Against Women and Girls and the Domestic Abuse Commissioner warned that the claim of parental alienation was being used to override domestic abuse allegations. Indeed, this is what happened to Claire Throssell.

Other specific findings included:

• Courts were making every possible effort to maintain contact with both parents even when there were allegations or confirmed findings of abuse. 
• The presumption was rarely challenged – even with clear indicators of abuse or harm.
• Unsupervised and face-to-face contact was often ordered even when there were protection orders, convictions, or other abuse findings. 
• Children’s voices were not consistently heard or given appropriate weight due to the pro contact culture.
• Courts minimised the seriousness of past abuse in favour of contact.

In summation, the review concluded that the presumption of parental involvement is not fit for purpose. These results indicated the courts were not focusing on children’s welfare. Rather, they were focusing on how to preserve contact even when there were clear issues. Despite the stated goal in the Children Act of 1989, courts were not prioritising the welfare of the children. 

The Repeal

After Parliamentary debate, the government proposed to repeal the presumption of parental involvement. This repeal was announced on 22 October 2025. It was then announced on 7 March 2026 that this presumption will be officially repealed in the new Courts and Tribunals Bill. 

In announcing the repeal, Justice Minister Baroness Levitt KC noted that “Our priority must always be children’s welfare. Being a parent is a privilege not a right.” Deputy Prime Minister, David Lammy noted that, “we are rebuilding trust in our justice system by putting victims first and ensuring that the protection of children is never compromised. These statements are a clear sign of priority and a clear instruction to the courts – children’s welfare is the primary concern.

In reviewing these conclusions, it is also important that the repeal is not simply for cases as extreme as Claire Throssell’s. Justice Minister Baroness Levitt KC stated that “the horrors of domestic abuse can scar a child for life.” Under UK law, domestic abuse is not limited to physical and violent behaviour. The Domestic Abuse Act 2021 lists many types of abuse, including emotional and psychological abuse. Growing up in a household with any type of abuse is traumatic for a child, and the government is clearly seeking to impose maximum protection. This repeal applies to all abuse.