Move to scrap law blamed for endangering children rooted in research and relentless campaigning
Hundreds of thousands of survivors of domestic abuse and their children going through family courts will be safer because of a landmark legal shift shaped by Brunel University of London research.
The Children Act 1989’s presumption of parental involvement has long been criticised for putting vulnerable children and protective parents at risk of serious harm.
The government’s decision to repeal it follows years of pressure from survivors, legal experts and advocacy groups.
“This will have momentous consequences for children and survivors,” said Dr Adrienne Barnett, Reader in Law at Brunel Law School.
“I am delighted that the Government has taken this important step towards a safer family justice system that puts the welfare of children at its heart and removes the impossible burden on protective parents of rebutting the presumption.”
Campaigners have hailed the repeal as a long-overdue victory, scrapping rules they say trapped survivors in dangerous and drawn-out court battles.
Until now, the controversial law assumed children benefit from seeing both parents, even when abuse is suspected. Victims had to prove contact was dangerous, a burden many couldn’t bear. This damaging pro-contact culture forced victims of domestic and sexual abuse, including children to keep contact with their abuser and repeatedly fight their case in court, leaving families shattered emotionally and financially.
Dr Adrienne Barnett’s research into family courts proceedings and tireless campaigning over nearly three decades helped trigger this seismic shift in family court policy. Her work to expose the hidden harms of a system that put parental rights above child safety is central to the government’s decision to scrap the presumption of contact. This includes writing a landmark review for the Ministry of Justice’s Harm Panel, shaping Women’s Aid’s influential ‘Child First’ campaign and spearheading Right to Equality’s push to end the contact presumption as Co-director and writing its defining report.
“This change is the result of years of unwavering commitment from so many,” she said. “I’m honoured to have played a part in making children and victims safer.”
But things still need to change, she says. Survivors are still being punished in court by abusers using ‘parental alienation’ claims to shut down allegations of violence. She wants an outright ban on the term, a crackdown on unqualified and unregulated so-called experts, and an end to the forced removal of children from protective carers. And judges, she says need to be trained to recognise abuse.
One of the campaign’s most powerful advocates is Claire Throssell, whose two young sons were murdered by their father during a court-approved visit. “The decision to repeal the presumption is a testament to the strength and courage of Claire Throssell,” said Dr Barnett. “Claire has fought tirelessly for years to prevent other children suffering the same fate. We owe a huge debt of gratitude to Claire and to every family court survivor who has spoken out about the dangers of the current law.”