New Family Law Ends Default Assumption That Time With Both Parents Is Best for Children

Under the Children Act 1989, family courts in England and Wales have operated on the presumption that it is generally in the child’s best interests to spend time with both parents, unless there is clear evidence that doing so could expose the child to harm.  This week, the government announced its intention to repeal that presumption, stating the change will be implemented “when parliamentary time allows”.

This change means family court judges will no longer begin with the assumption that time with both parents  inherently in the child’s best interests. Instead, they will be required to assess each case individually, weighing the evidence and prioritising the child’s wellbeing above all else. It marks a significant shift in approach and sends a clear message: the welfare of the child will now take precedence over parental entitlement. This reform is especially vital for survivors of abuse, as it helps prevent the court system from being misused as a tool for ongoing control or coercion by an abusive ex-partner.

For more information on any of the issues raised in this article, please contact Monicka Rai, Senior Associate and Mediator in the Family Law Department at SE-Solicitors.