Family courts no longer to presume contact with both parents is in child’s best interests

[newsandblues]

I’m struggling to understand this.

https://www.theguardian.com/uk-news/2025/oct/21/family-law-shift-hailed-as-victory-for-children-facing-domestic-abuse?
Does this only apply if the child is at direct risk of abuse by a parent?
Or will there be a change to the presumption of 50/50 access being best, can they consider a stable home with one parent to be better?

Sorry if I’ve missed an existing thread, I couldn’t see one.

No … only in cases where domestic abuse has been raised is how I’ve read it …in the a sense of that if a dad wands 50/50 he is still more than likely going to get it

Think it's about the domestic abuse aspect.

This is great news. It’s so awful how many kids were forced to be around abusive toxic parents. All because parents rights come before their kids right to safety and happiness.

I have a background in family law and I will always remember a case where a vulnerable young teenager (but over the age of consent) with a severe genetic condition which causes significant intellectual and social disability was groomed by a known pedo and became pregnant. The girl’s family intervened when her much younger sister was also preyed upon by the man. They had to fight in family court because of his right to have contact with his baby.

Time and time again dangerous men are given access to children.

I know that if I leave my abusive partner I won’t be able to protect my child.

Assumed 50/50 custody is just so wrong. Children deserve stability and a safe place to live. Often men would push for custody so that they didn’t have to pay child support.

I also saw cases where mother’s tried to alienate father’s from their children’s lives when the mother got into a new relationship.

If you have the funds you could run off to Northern Cyprus. But that’s obviously not feasible for most people.

Northern Cyprus is not a signatory to the Hague Convention & is a loophole for parents fleeing custody battles, especially from the UK. Mothers escaping abusive ex-partners or unfair court rulings on "parental alienation” can escape there and UK orders are unenforceable there, making child recovery nearly impossible.

Removing the presumption of contact will not change anything on its own. It is a step in the right direction, but real change requires systemic reform, a cultural shift within the family courts in England and genuine accountability and transparency. Practice Direction 12J already exists, yet courts regularly ignore or downplay it, labelling cases as “parental conflict” and prioritising quick resolutions over evidence, just to clear the court list. Allegations of abuse are often not investigated, fact-finding hearings aren’t ordered. Whilst this continues, children’s emotional and physical safety will remain compromised.

Amazing news 🙌

Too many evil men able to weaponise this system

Real change will only come from amending the Overriding Objective in the Family Procedure Rules 2010 to prioritise the safeguarding of children over efficiency, resource allocation, and procedural convenience

& howcan thus vest best be achieved??

The Family Procedure Rules Committee, which sets the court’s rules, needs to update the Overriding Objective so child safety comes first, abuse allegations are fully investigated and speed or cost do not override safeguarding. Child protection charities, legal professionals and safeguarding specialists must make sure the changes are strong and cannot be misused by abusers.

We also need to keep a close eye on how the family courts apply the law to real cases in practice and keep pushing for change to protect our children.

Hiya,

Sorry to jump in here but I went through the court process last year. My ex asked for 50/50 and did not get it, and that was before the new laws were even in the public domain (the article that you copied)! So 50/50 isn't a given... I don't want anybody going through court right now to be 'scared' or 'worried' that 50/50 is always the way, because it isn't...

I suffered DV but it wasn't even considered in court last year, however if my case ever goes back mine is stronger than ever before! So don't worry...

I'm always here if anybody needs to have a chat, even if I'm just a shoulder to cry on! x