Protecting Children from Abusers and Ending the Presumption of Parental Contact

Recent Changes in Family Law

On 22 October 2025, the government confirmed that sex offenders in England and Wales will no longer be entitled to parental responsibility for children conceived through rape. The day before, government ministers had announced that when parliamentary time allowed, they were planning to abolish the long-held presumption that it was in a child’s best interest to have contact with both of their parents. Taken together, these changes signal a profound shift in family law towards a legal system which prioritises child safety and the protection of survivors of sexual and domestic abuse. 

Ending the Presumption of Parental Involvement

The first major reform concerns the way in which the family courts will approach contact between children and their parents. Since 2014, the Children Act 1989 has required courts to presume that the involvement of both parents in a child’s life will further that child’s welfare, unless there is evidence to the contrary. This practice has long been criticised for creating a near-default position that children should have contact with both parents, which, in turn, puts the burden on survivors of domestic abuse to prove that contact would be harmful, even in cases where risk was obvious.

Once the reform is in place, the presumption of parental involvement will be repealed, allowing courts to consider each case on its own facts without any inherent bias towards contact being in the child’s best interest. Ministers are of the view that this will reduce the risk of children being exposed to ongoing harm by prioritising parental rights over a child’s welfare.  

Denying Parental Responsibility to Sex Offenders

Under the new law, a person convicted of a serious sexual offence (such as rape resulting in conception) will automatically be denied parental responsibility for the child born of that crime. This prevents these parents from being involved in decisions about their child’s life, including their schooling, healthcare, and residence. 

This is likely to be considered a positive development, as until now, victims of sexual assault who gave birth to a child could be faced with applications by their abuser for parental responsibility or contact. Under new legislation, perpetrators of abuse which resulted in the conception of a child will automatically have their parental responsibility restricted.   

The reform goes further and will also apply to offenders convicted of serious sexual crimes against any child, not just their own. The denial of parental responsibility will take effect automatically upon sentencing, rather than requiring a separate application to the family court for parental rights to be removed.  

The deputy prime minister, David Lammy, has said that “automatically restricting parental responsibility in cases of rape where it has led to the birth of a child and serious child sexual offences sends a clear message: the rights and safety of children come first… and [ensures] that those who commit the most vile crimes against children are never in a position to cause further harm.”

What do these changes mean for family law practitioners?

Inevitably, these reforms will reshape family law practitioners’ approach to cases involving allegations of abuse.  

In cases involving sexual offences, the automatic removal of parental responsibility will simplify what was once a complex and distressing process for survivors of abuse. They will no longer need to seek orders to strip perpetrators of parental rights, as the law will do so by default. 

As for cases involving contact, it is not yet clear whether the abolition of the presumption of parental involvement will be removed in all cases, or only where abuse has been raised as an issue. If it is the latter, then legal practitioners are likely to see an increase in fact finding hearings, where the court will have to consider whether or not they accept that abuse has taken place and, if so, the presumption of contact will be removed. 

Alternatively, if the presumption is to be removed in all cases, this change will shift the starting point of judges, who will no longer begin from the assumption that contact with both parents is in the best interests of the child. Instead, their analysis will focus on the individual needs of the child, their parents, the nature of the relationship the child has and could have with their parents, and any risk of harm. This shift will likely encourage a more in-depth exploration of the issues in the case and will focus on what is truly in the best interest of the child, and legal practitioners will have to be mindful of this shift in mindset when advising clients. 

Overall, these reforms mark a clear shift from a parent-centred system, which focused on ensuring parental rights were enforced, to a child-centred approach which more carefully considers what is in the best interests of the child, without any pre-conceived notions of what will be best for them. 

If you would like any advice on child arrangements or other family law matters, then please feel free to reach out to our team who will be happy to assist you.