The removal of presumption of contact in Children Act proceedings marks a landmark decision in honour of Claire Throssell, who has campaigned tirelessly for a decade to safeguard children in the family court, in memory of her two sons who were tragically lost 11 years ago.
The presumption of parental involvement was introduced into the Children Act 1989 in an effort to ensure that children maintain a relationship with both parents following separation. Sadly, evidence has shown that this has approach can lead to children being at risk.
The repeal will mean that the court does not have to start with the assumption that both parents should be involved in a child's life, rather it can perform an enquiry into what is to be considered in the children's best interests following an overall assessment of the circumstances, and in particular any safeguarding risks.
Updates will follow as the matter progresses through Parliament.
