In October 2025 the government announced reforms to child contact law, the most significant being the planned repeal of the “presumption of parental involvement”. The repeal is included in the Courts and Tribunals Bill, which was still going through Parliament in October 2026, so it is not yet in force. Once it is, it is expected to change how judges approach decisions about where children live and whom they spend time with.
If you’re a parent in Windsor navigating separation or divorce, understanding these new rules isn’t just helpful: it’s essential for protecting your child’s wellbeing and securing the arrangements that work best for your family.
TL;DR
- Reforms announced in October 2025 include repealing the “presumption of parental involvement” from the Children Act 1989; this needs legislation and is not yet in force.
- Once in force, judges will no longer start from a presumption that involvement of both parents furthers the child’s welfare.
- Coercive control and emotional abuse are given proper weight, not just physical violence.
- Possible outcomes range from supervised or indirect contact to no contact or a gradual reintroduction.
- Evidence matters more than ever, whether you are seeking contact or raising safety concerns.
The Game-Changing Reform: No More Automatic Contact Assumptions
The biggest change centres on the planned repeal of the “presumption of parental involvement” from the Children Act 1989. This might sound like legal jargon, but once in force it will affect every child arrangement case.
Under the current law, family courts operate under a presumption that children benefit from the involvement of both parents, unless that involvement would put the child at risk. The government’s review found that in practice this could favour contact even where one parent had a history of domestic abuse. This “pro-contact culture” often meant that judges felt compelled to order contact arrangements despite legitimate safety concerns raised by the other parent.
Once the repeal comes into force, that starting assumption will go. Judges will no longer presume that a parent’s involvement furthers the child’s welfare. Instead, they will assess each case individually, and the child’s welfare will remain the court’s paramount consideration.
What the Changes Mean in Practice
Safety First, Contact Second
Courts place child safety at the centre of every decision. If there’s credible evidence that contact could cause emotional, psychological, or physical harm to your child, judges can refuse contact orders entirely. The planned reforms are intended to reinforce this approach.
Recognising All Forms of Abuse
Existing court guidance (Practice Direction 12J) already requires courts to give proper weight to coercive control and emotional abuse, not just physical violence. If your ex-partner has used intimidation, manipulation, or psychological control, these behaviours are now treated as serious factors that could affect your child’s wellbeing.
Crucially, your child doesn’t need to have been the direct target of abuse for it to influence court decisions. Judges must now consider how witnessing or living with abuse affects children, even if they weren’t physically harmed themselves.
Evidence-Based Individual Assessment
Gone are the days of one-size-fits-all solutions. Each case is now assessed on its specific circumstances, with judges examining evidence rather than defaulting to standard contact arrangements.
What This Means for Windsor Parents Right Now
If You’re Concerned About Your Ex-Partner’s Behaviour
The law already offers protection if you have genuine safety concerns, and the reforms aim to strengthen it. You no longer need to prove serious physical violence to have your worries taken seriously. Emotional abuse, coercive control, and intimidation are now valid legal considerations that courts must address.
When applying for child arrangements, you can present evidence of controlling behaviour, threats, or manipulation without worrying that the court will automatically favour maintaining contact regardless of these concerns.
If You’re Seeking Contact with Your Children
While these changes strengthen protection for vulnerable children, they don’t prevent loving, safe parents from maintaining relationships with their children. If you’re a parent seeking contact, the key is demonstrating that your involvement genuinely serves your child’s best interests and poses no risk to their wellbeing.
The court will look at your ability to prioritise your child’s needs, respect boundaries, and provide a safe, stable environment. Character references, evidence of your parenting capabilities, and willingness to work constructively with your ex-partner all strengthen your case.
Navigating the New Court Process: A Practical Guide
Safeguarding Checks Are More Thorough
When you apply to the family court for a Child Arrangements Order, Cafcass (Children and Family Court Advisory and Support Service) carries out safeguarding checks. These look into police records, social services involvement, and any history of domestic abuse or controlling behaviour.
Fact-Finding Hearings Carry More Weight
If abuse allegations arise, courts may order Fact-Finding Hearings to examine evidence thoroughly. Where abuse is proved, judges must consider how it affects the child’s emotional and psychological wellbeing.
Children’s Voices Matter More
A child’s wishes and feelings, considered in light of their age and understanding, are part of the welfare checklist in the Children Act 1989, and carry particular weight for older children who can articulate their preferences. Courts must now carefully consider why a child might be reluctant to spend time with a parent, rather than automatically attributing this to “parental alienation.”
Understanding the Possible Outcomes
Courts have broad discretion in crafting arrangements that truly serve children’s best interests:
Supervised Contact: If there are concerns but contact could still benefit the child, courts can order supervised visits at contact centres or with trusted family members present.
Indirect Contact: In cases where face-to-face contact isn’t appropriate, courts might order contact through letters, cards, or supervised video calls.
No Contact: Where evidence shows that any form of contact could harm the child’s wellbeing, courts can refuse contact entirely.
Gradual Reintroduction: Courts might order a phased approach, starting with supervised contact and gradually increasing involvement if the parent demonstrates positive change.
Frequently asked questions
Does the family court still assume children should see both parents?
For now the presumption still applies, unless involvement would put the child at risk. The government plans to repeal the “presumption of parental involvement” from the Children Act 1989 through the Courts and Tribunals Bill, which was not yet law in October 2026. Once it is in force, judges will no longer start from that presumption. Each case is assessed individually, with the child’s safety and emotional wellbeing put first.
Does abuse have to be physical to affect a contact decision?
No. Coercive control and emotional abuse are now given proper weight, not just physical violence. Your child does not need to have been the direct target, because judges must consider how witnessing or living with abuse affects children.
What safeguarding checks does Cafcass carry out?
When you apply for a Child Arrangements Order, Cafcass carries out safeguarding checks that look into police records, social services involvement and any history of domestic abuse or controlling behaviour.
What arrangements can the court make if there are safety concerns?
Possible outcomes include supervised contact, indirect contact such as letters, cards or supervised video calls, no contact where any contact could harm the child, or a gradual reintroduction that starts with supervised contact.
Can I still have contact with my children under the new rules?
Yes. The changes do not prevent safe, loving parents from keeping a relationship with their children. The court will look at your ability to put your child’s needs first, respect boundaries and provide a safe, stable environment.
How Judge Law Can Help Windsor Families Navigate These Changes
At Judge Law, we’ve been closely monitoring these reforms and adapting our approach so that Windsor families receive clear guidance under the current law and the planned changes.
Our family law team understands that every case is unique, particularly under these reformed guidelines. We work with you to present compelling evidence that demonstrates what arrangements truly serve your child’s best interests, whether you’re seeking contact or raising safety concerns.
Preparing Strong Applications
We help gather the right evidence to support your case, from character references and parenting assessments to documentation of any concerning behaviour. Under the new system, the quality and relevance of your evidence matters more than ever.
Representing You at Hearings
Our family lawyers follow how the courts apply the current law and the planned changes, and can advocate for arrangements that prioritise your child’s safety and wellbeing.
Ongoing Support Through the Process
Family court cases can be emotionally draining, particularly when child safety is at stake. We provide not just legal advice but also practical support to help you navigate this challenging time.
Looking Ahead: What These Changes Mean Long-Term
These reforms represent a fundamental shift towards child-centred family justice. For Windsor parents, this should mean courts are better equipped to make nuanced decisions that genuinely reflect what’s best for individual children rather than applying blanket assumptions about parental contact.
While this might make the legal process feel less predictable initially, it ultimately provides stronger protection for vulnerable children while still preserving meaningful relationships between children and safe, loving parents.
The changes also reflect a growing understanding of how domestic abuse affects children, even when they’re not direct targets. This more sophisticated approach to child welfare should lead to better outcomes for Windsor families navigating separation and divorce.
If you’re facing a child arrangement dispute in Windsor, understanding these new rules and how they apply to your specific situation is crucial. Once the reforms are in force, the old presumption will no longer apply, and the outcome in family court will depend more than ever on presenting evidence that demonstrates what truly serves your child’s best interests.
The family justice system has evolved to better protect children: and with the right legal guidance, Windsor parents can navigate these changes to secure arrangements that genuinely work for their families.
If you’re facing changes in child arrangements or navigating family court reforms, our Windsor family law solicitors are here to help. Get in touch today: your first call is free, and if you need legal advice we offer a paid initial consultation for £180 plus VAT.
