Family Courts: Custody
The question
To ask the Secretary of State for Justice, what steps her Department is taking to ensure that the presumption of contact at the Family Court does not result in unsafe contact arrangements.
Answered by Alex Davies-Jones
The welfare of a child must be the court’s paramount consideration when making decisions about a child’s life. This is known as the welfare principle. Prior to the application of the presumption of parental involvement, the court is legally obliged to assess if a parent poses a risk of harm to the child - if their involvement would pose a risk to the child, the presumption does not apply.
The Ministry of Justice has undertaken evidence gathering on the presumption of parental involvement, focused on its application in the family court. We will publish the evidence and proposed next steps in due course.
As part of our commitment to ensuring the justice system is designed to put victims and survivors first, including those who have experienced domestic abuse, we are carefully considering the next steps for supporting victims and survivors across the justice system, including in the family court. We are working across departments to ensure that victims and survivors are supported and that children are kept safe.
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