Brighter Future Mediation welcomes a landmark shift in UK family law that prioritises child safety over automatic parental contact. Following years of campaigning and a comprehensive government review, the presumption of parental involvement in private law children cases is set to be repealed – a move hailed as a victory for children affected by domestic abuse.
What was the presumption of parental involvement?
Under sections 1(2A), (2B), and (6) of the Children Act 1989, courts were required to presume that a parent’s involvement in a child’s life would benefit the child’s welfare – unless there was evidence of harm. This applied to both direct and indirect contact, regardless of how time was divided.
However, the Presumption of Parental Involvement Review, launched in response to the Harm Panel Report, found that this legal default often failed to protect children from abusive parents. Courts were sometimes unable to fully assess risk, and the presumption could override concerns raised by survivors and safeguarding professionals and have dire consequences for children.
Why is this changing?
The review revealed that prioritising contact at all costs can perpetuate harm. In some cases, children were exposed to further abuse due to court-ordered contact. The government has now announced plans to repeal the presumption, sending a clear message: child safety must come first.
This reform is part of a wider Plan for Change, which includes:
- Enhanced safeguarding in family courts
- Greater support for survivors of domestic abuse
- Cultural change across the justice system
Voices that drove change
Campaigners like Claire Throssell MBE, whose children were tragically killed by their abusive father, have been instrumental in pushing for reform. Her advocacy, alongside organisations like Women’s Aid, has helped shine a light on the urgent need for safer, trauma-informed family court processes.
What this means for families
This legal shift reinforces the importance of child-centred mediation. At BFM, we’ve long advocated for approaches that prioritise safety, emotional wellbeing, and informed choice and we offer Child-Inclusive Mediation (CIM) whereby a specially trained mediator meets 121 with the child/ren to ascertain their wishes and amplify their voice. The repeal of the presumption of parental involvement means that mediators, legal professionals, and families must now work collaboratively to assess risk and tailor arrangements that genuinely serve the child’s best interests. It’s a powerful reminder that mediation isn’t about enforcing contact – it’s about creating safe, sustainable solutions. As the courts move toward trauma-informed practice, BFM continues to lead with compassion, clarity, and a commitment to inclusive, accessible support for every family.
At BFM, we believe that every child deserves to feel safe, heard, and supported. This legal change aligns with our values and practice:
- We centre children’s welfare in mediation
- We support parents navigating complex and painful situations with compassion and clarity
- We advocate for inclusive, accessible, and trauma-informed approaches to conflict resolution
Key takeaways for parents and professionals
- Courts will no longer presume that parental involvement is automatically beneficial
- Risk of harm will be assessed more robustly
- Mediation and legal processes must now reflect a child-first approach
Need support navigating family court or mediation?
Whether you’re a parent, professional, or organisation supporting families, Brighter Future Mediation is here to help. We offer affordable, online-first mediation services across the UK, with a team experienced in safeguarding, trauma, and inclusive practice.
📞 Book a free consultation today or explore our resources on child arrangements, domestic abuse, and family law.
