Why the UK Will No Longer Presume Contact With a Parent in Private Proceedings

For years, many people believed that UK family courts automatically favoured keeping both parents involved in a child’s life after separation. But soon that will be changing as the courts are moving away from any idea that contact with a parent should be assumed. Especially where there are concerns about abuse, safety, or coercive control.

Child Welfare Comes First

UK law doesn’t give parents an automatic right to see their child. Instead, the court looks at one thing above everything else: what is safest and best for the child. Contact only happens if it supports the child’s wellbeing and not because a parent wants it or expects it.

The Impact of Domestic Abuse

Recent findings, including the 2020 Harm Panel Report and the Domestic Abuse Act 2021, revealed that too many children and survivors were being pushed into unsafe contact arrangements. Courts now take allegations of abuse much more seriously and must consider potential harm before making any decisions.

When It Is Likely That Contact Isn’t Safe

If there’s risk of harm (physical, emotional, or psychological) the court can:

• Require supervised or supported contact
• Limit contact to indirect forms (letters, messages)
• Order no contact at all.

“No contact” is no longer seen as extreme, it’s recognised as the right decision in some cases.

A Shift in Culture

The focus has moved from “contact at all costs” to “safety at all costs”. The child’s welfare, not parental entitlement, is at the heart of every decision.

What This Means

For families going through separation or court:

• Contact is not presumed
• Safety concerns are taken seriously
• Survivors have stronger protection
• Each case is judged on what truly supports the child.