Family law: major reform is on the horizon

The government has announced plans to change how courts decide whether children should have contact with both parents after separation, a shift that could significantly impact future family court cases across England and Wales.

At Gepp Solicitors, we understand that issues involving children and contact arrangements are deeply sensitive. Here, we explain what the proposed changes mean, why they are happening, and how they might affect separating families.

What is changing?

Under current law, the family courts work on the assumption that it is generally beneficial for children to have ongoing contact with both parents. This principle, known as the “presumption of parental involvement,” is set out in the Children Act 1989.

However, the government announced on 22 October 2025 that it plans to repeal this presumption when parliamentary time allows.

This means that judges will nolonger start from the position that contact with both parents automatically benefits the child. Instead, the courts will decide each case based on its individual facts and risks, with the child’s safety and welfare taking priority above all else.

Why is this change happening?

The reform follows years of concern about how the “pro-contact” approach can affect cases involving domestic abuse.

Recent research shows that nearly nine out of ten private family law cases in England and Wales feature some form of alleged abuse. Campaigners and professionals have warned that automatically promoting parental contact may, in some cases, put children and non-abusive parents at risk.

By removing the presumption, the government aims to ensure that the child’s right to safety and wellbeing outweighs any general assumption about parental involvement.

In short, the legal test will shift from “contact unless harmful” to “contact only if it is safe and beneficial.”

What will this mean in practice?

For the courts

Judges will still be guided by the welfare principle, that the child’s best interests are paramount, but they will now assess every case on its own merits. Evidence of risk, harm, or abuse will carry greater weight, and the court will no longer begin with an assumption that both parents should be involved.

For parents

Separated parents will notice a different starting point in court proceedings. The focus will be firmly on the child’s welfare, not the parents’ rights. This will likely be reassuring for victims of abuse but may also raise new questions about how to balance fairness, particularly where allegations are disputed.

For children

The ultimate aim of the reform is to ensure that every decision truly reflects the child’s best interests.
Children in families where there are concerns about safety should benefit from more cautious, child-centred decisions. In families where parents cooperate well, contact arrangements are likely to continue much as before.

When will the change happen?

Although the announcement has been made, the law has not yet changed. Legislation to remove the presumption will need to be passed by Parliament, and no date has yet been confirmed.

In the meantime, family courts must continue to apply the existing law, though judges are already being encouraged to prioritise child safety in line with the government’s direction of travel.

A cultural shift in family law

This reform represents a major cultural shift. Rather than assuming that parental involvement is always positive, the courts will now require clear evidence that it is in the child’s best interests.

At Gepp Solicitors, we welcome an change that puts children’s welfare first, but we also recognise the potential challenges this may bring for parents trying to navigate complex and emotionally charged situations.

Our experienced family law solicitors are here to provide clear, practical advice on how these developments could affect your case, whether you are seeking contact, opposing it, or simply trying to understand your rights and responsibilities.

If you need any assistance in respect of an issues you may be having with ongoing contact arrangements, please do not hesitate to contact our friendly and professional Family Team on 01245 228116 or by email at familyenq@gepp.co.uk.