The government has announced its plans to repeal presumption of parental involvement from the Children Act 1989.
Evidence has found that the assumption that it’s always in the best interest of a child to have the involvement of both parents can perpetuate abuse.
Repealing presumption of parental involvement is welcome, but the Chair of the Bar has stressed that this measure alone is not enough as funding is needed to deliver “truly child-centred and survivor-focused justice”.
Responding, Bar Council Chair and family silk Barbara Mills KC said: "This is a strong protective measure for families affected by violence and abuse. The presumption has long prioritised contact over safety, leaving many potentially subjected to ongoing abuse.
“This measure alone is not enough. A well-functioning family justice system is vital for the prevention of violence against women and children.
"This reform must be accompanied by funding to ensure all parties are represented and have access to non-means-and non-merit-tested legal aid. The cuts to and elimination of legal aid have had devastating effects on all aspects of family courts. Unrepresented parties often mean cases go on for longer, swallowing up judges' time. Family court proceedings can also themselves become a vehicle for ongoing abuse.
“The government’s ambition to halve violence against women and girls will only succeed if family courts’ unique position to prevent future harm is recognised. The courts need legislative backing and resources to deliver justice that is truly child-centred and survivor-focused.”