Every child involved in court proceedings deserves to be safe. However, new evidence published on 21st October 2025 shows that assuming it is always in the best interest of a child to have the involvement of both parents can perpetuate abuse.
The current law already includes safeguards to restrict the involvement of a parent where it is detrimental to a child’s welfare, however it is considered that children exposed to the family courts need to be further protected from harm. The government plans to provide further protection by revoking the presumption of parental involvement.
It is thought that if a parent is a threat to a child’s safety, their involvement in the child’s life can be restricted, for example through courts ordering supervised contact or through limited written communication, or by ordering there should be no involvement or contact at all.
Justice Minister, Baroness Levitt KC said:
‘The horrors of domestic abuse can scar a child for life. It is apparent from our research that the presumption of parental involvement can, in some courts, lead to contact being ordered even in cases where there had been domestic abuse. Our priority must always be children’s welfare. Being a parent is a privilege not a right: the only right which matters is a child’s right to safety and this government is determined to ensure that is at the heart of every decision made about each and every child.’
Earlier this week, the government announced plans to automatically restrict the exercise of parental responsibility in cases where a parent or person with parental responsibility has been convicted of serious offences against a child, and where a child has been born of rape. This would further support the protection of children and mothers, making this amendment to Victim and Courts Bill crucial to the government’s mission to halve violence against women and girls within a decade.
This change follows the tireless campaign of Claire Throssell, a mother, whose children, Jack and Paul, were tragically killed by their abusive father 11 years ago. Claire, MBE, survivor ambassador of Women’s Aid has worked together with Women’s Aid, campaigning for a change to the family courts and improve laws, for almost a decade.
Claire commented:
‘For almost a decade, Women’s Aid and I have worked together, campaigning to change the family courts and improve laws, to ensure that children at risk of further harm from abusive parents have a brighter, safer future, free from fear and oppression. Every child deserves to be heard, seen, supported, and believed; to have a childhood and to live.’
The long-awaited decision of the Ministry of Justice to remove the presumption of parental involvement, marks a significant shift in the ‘pro-contact’ culture that has, for so long, dominated the family courts, and placed the ‘rights’ of abusive parents over the safety and wellbeing of children.
On 21st October 2025, Women’s Aid and creative agency, Hijinks, held a choir performance outside Parliament, heralding the momentous decision of the Ministry of Justice. The performance began with a choir of children singing together, gradually fading until only one child’s voice remained, symbolising how children’s voices and experiences are so often silenced in the family courts.
‘Although todays announcement can never bring back Jack and Paul it will give children further protection against preventable harm in their lives. No child should have to hold out a hand for help in darkness to a stranger and say that they have been hurt by someone who should love and protect them most. No parents should have to hold their children as they die, from the abuse of a perpetrator, as I did a decade ago.’
- Claire Throssell, MBE, survivor ambassador of Women’s Aid, Mother.
If you or any one you know if being subjected to domestic abuse, please contact the Domestic Violence and Abuse Department (DVAD) for expert advice as to what protective measures are available, either by clicking on the links, or by telephoning Johnson Astills on 0116 255 4855.
