Family courts legal changes to protect children from abusive parents are one step closer

An overhaul of the family courts system means that children will be better protected from abusive parents under a new law that MPs are set to debate today at a second reading of the Courts and Tribunals Bill.

Under the new Courts and Tribunals Bill, the government will revoke the law that judged a child should have contact with both parents, which campaigners argued has put the rights of abusive parents over a child’s safety.

The move follows a decade-long campaign by Claire Throssell MBE, whose two sons — Jack, 12, and Paul, 9 — were both killed by their father despite her warnings he was a danger to them. She has since campaigned to prevent unsafe child contact with dangerous perpetrators of domestic abuse.

The Women’s Aid ambassador said:

For a decade, I have been campaigning with Women’s Aid to change the family courts system to make sure that no child is ever again placed at risk of further harm from abusive parents.

Seeing that the presumption of parental contact will finally be repealed, and in the memory of my sons, Jack and Paul, is deeply meaningful.

No child should have to hold out a hand for help in darkness, saying that they were hurt by someone who was meant to protect them. No parents should have to hold their children as they die from the abuse of a perpetrator, as I did 11 years ago.

Family courts dismantle ‘pro-contact’ culture

The Victims’ Commissioner for England and Wales, Claire Waxman OBE, paid tribute to Throssell’s “extraordinary bravery and determination in the face of unimaginable grief and pain”.

She welcomed the government’s landmark decision which marks a decisive shift away from a pro-contact culture in family courts that has historically placed children at risk of harm from abusive parents, Waxman explained.

She said:

[Throssell’s] success in removing this dangerous presumption from family law is a vital step in dismantling the dangerous ‘pro-contact’ culture that is so deep-rooted in our courts.

This is a hard-won victory for Claire, but more importantly, it is a lasting legacy for Jack and Paul — ensuring a new era of protection and justice for every woman and child seeking safety from abuse.

The presumption of parental involvement was introduced into the Children Act 1989 to help ensure children could maintain a relationship with both parents after separation.

However, evidence shows the current process can leave children at risk of harm from abusive parents.

The current law contains safeguards that allow involvement to be restricted where it harms a child’s welfare, but repealing this provision is what campaigners have advocated for.

Featured image via Unsplash/Suzi Kim