landmark Ruling Shifts Focus in Family Courts: Child Safety Prioritized Over Parental Contact
London, UK – In a groundbreaking decision hailed by domestic abuse campaigners, the family courts will no longer operate under the presumption that contact wiht both parents is automatically in a child’s best interests. The shift, announced Tuesday by the government, marks a significant victory for advocates who have long argued that the current “pro-contact culture” prioritizes the rights of perhaps abusive parents over the safety and wellbeing of children.
For decades, the Children Act 1989 guided courts to facilitate contact between children and both parents unless evidence demonstrated a risk of harm. However,critics have maintained this approach allowed abusive individuals to leverage the family court system to maintain control over former partners and,tragically,put children in danger.
The government’s decision follows a report by its own harm panel, which deemed the existing presumption “not fit for purpose” and recommended an “urgent” review in 2020. This move signals a essential change in how family court judges will approach cases,directing them to assess each situation individually,prioritizing a child’s welfare based on evidence rather than a pre-determined assumption.
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