Family law reforms from 21st October 2025

New Family Law Reforms: A win for children facing domestic abuse

On 21^st October 2025 there was a landmark shift in UK family law, placing children’s safety and emotional wellbeing at the heart of court decisions in cases involving domestic abuse. This was  when  the Government confirmed that it would repeal the presumption of parental involvement from The Children Act 1989 “when parliamentary time allows.” This reform represents a cultural change in how the justice system protects vulnerable children.

What’s changed in the family law reforms?

Previously, courts operated under a strong presumption that children benefit from contact with both parents—even in cases where one parent had a history of abuse. This often left children exposed to harmful environments.

Under the new guidance:

• Judges must now prioritise the impact of abuse on children, even if they were not directly harmed.
• Contact orders can be refused where there is credible evidence that contact could cause emotional or psychological harm.
• Coercive control and emotional abuse are now given greater weight, not just physical violence.

These changes reflect a growing understanding that abuse is not always visible, and that children’s voices and experiences must be central to family court decisions.

Legal principles:

Here are some key legal concepts behind the reform:

• Welfare Paramountcy Principle: The child’s welfare is the court’s top priority. This reform strengthens that principle by ensuring safety from abuse is a core part of welfare.
• No Contact Presumption: Courts are no longer bound to assume that contact with both parents is beneficial. If contact creates a risk of harm to the child, it can be denied.
• Evidence-Based Decisions: Judges must consider all forms of abuse—physical, emotional, psychological—and how they affect the child, even if the child wasn’t the direct target.

When domestic abuse is a factor in child arrangements, the court process can feel daunting. Here’s a simplified overview of what to expect and how the recent reforms make a difference:

1. Starting the process for Child Arrangements

You can apply to the Family Court for a Child Arrangements Order to determine where your child lives and whom they spend time with. If domestic abuse is involved, it’s vital to raise this early on in your application.

2. Safeguarding checks

Once an application is made, Cafcass (Children and Family Court Advisory and Support Service) will conduct safeguarding checks. They’ll speak to both parents and review police or social services records to assess any risks to the child.

3. The first hearing (FHDRA)

At the First Hearing Dispute Resolution Appointment, the court will consider the safeguarding report and decide whether further investigation is needed. If abuse is alleged, the court may order a Fact-Finding Hearing to determine the allegations and whether these are substantiated.

4. Fact-finding hearing (if needed)

This is where the court examines evidence of abuse. Witness statements, police reports, medical records, and other documentation may be used. If the court finds that abuse occurred, it will influence the final decision.

5. Final hearing

The judge will decide based on the child’s best interests, guided by the Welfare Checklist in Section 1 of the Children Act 1989. This includes:

1. The child’s wishes and feelings (depending on age and understanding)
2. The impact of any harm they have suffered or could suffer
3. The capability of each parent to meet the child’s needs

Key pointers regarding custody or contact involving domestic abuse

If you’re a parent or carer navigating a custody or contact dispute involving domestic abuse, here’s what you should know:

• Your child’s safety comes first—the court must now consider how abuse affects them, not just you.
• You don’t need to prove physical violence—coercive control, intimidation, and emotional harm are valid concerns.
• Contact can be refused—if it’s not safe, the court can deny access to the abusive parent.
• You’re not alone—our firm has extensive experience supporting parents and protecting children in complex family law cases.

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.