Is this a turning point for the family courts?

It is time to put children and adult survivors first

This is what meaningful progress looks like. The changes announced this week put the safety of children and adult survivors at the heart of decision making and move us closer to a family justice system that protects, listens and acts. The repeal of the presumption of parental contact in the family courts, alongside amendments to the Victims and Courts Bill that restrict parental responsibility in the most serious cases, signals a clear shift from outdated assumptions to safety-first practice.  

This is a significant moment won through years of campaigning by charities, survivors and bereaved families who never stopped fighting for children’s safety. Their courage moved the mountain. 

Ending the misuse of the family courts

Repealing the presumption will deliver powerful change. It takes power away from perpetrators and puts children first – as victims in their own right. It will help stop abusive parents weaponising family court proceedings to harass, intimidate or exert control. The justice system must no longer be used as a tool of abuse. 

Automatic restrictions to parental responsibility

We welcome amendments to the Victims and Courts Bill, championed by Natalie Fleet MP, Jess Asato MP and Baroness Harman. These amendments will automatically restrict parental responsibility where a child is born of rape and where a parent is convicted of serious sexual offences against any child. This is a vital step towards protecting survivors of sexual abuse and their children. It will restrict abusive parents from using legal rights to continue control after separation and reduces the trauma placed on the protective parent. It gives professionals clear footing to prioritise children’s safety and stability.  

Keep the momentum: mirror this in children’s policy

The Domestic Abuse Act 2021 recognised children as victims in their own right. The same commitment must now be written into the Children’s Wellbeing and Schools Bill. At present, the Bill does not mention domestic abuse or set out how child victims will be protected. SafeLives is calling for clear safeguards to be put in place to protect victims at risk of being seriously harmed or killed.  

Join up the response around the child

The Bill must recognise and align with dedicated safeguarding pathways for victims of domestic abuse, such as MARAC. When a safety plan is created for an adult victim, there are direct implications for their children. The Bill should also embed specialist domestic abuse support in Multi-Agency Child Protection Teams through Children’s Idvas, so the child’s voice and needs are supported. 

Fund what works

Legal changes must be matched with sustainable funding and commissioning of community-based services for victims of sexual violence and domestic abuse. That is why we have supported calls to introduce a duty to commission victim services in the Victims and Courts Bill, alongside colleagues in the domestic abuse and children and young people sectors. 

A safer future within reach

This is an important step forward. It puts safety first. It centres both adult and child survivors. Now we must embed these protections across education and children’s services, fund the frontline, and ensure every decision in the family courts starts with one question: what keeps the child and the non-abusive parent safe today and tomorrow?  

Together, we can end domestic abuse. For everyone. For good. 

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