Can a change in family law protect more children? “I’d like to trust this new change, but unfortunately I don’t have much faith in the system”
At Single Parents Wellbeing (SPW), we know that many of the parents in our community have faced the trauma of domestic abuse and that the journey to safety does not end when a relationship does. For too long, family court processes have left survivors and children vulnerable even after escaping abusive homes.
The risk of serious assault and death is highest for a woman after she leaves an abusive relationship. According to the Femicide Census (2020), 38% of women killed by their ex-partner between 2009 and 2018 were killed within the first month of separation, and 89% within the first year.
Recent figures also show that there were 108 domestic homicides in the year ending March 2024 77% of which were women - Of these 83 female victims, 66 were killed by a partner or ex-partner (Homicide in England and Wales, Office for National Statistics, 2025). These statistics underline the urgent need for stronger safeguards and for systems that truly prioritise survivor and child safety.
Single Parents Wellbeing has over 3,000 members across Wales. Sadly, too many of our members have suffered domestic abuse, including coercive control, and therefore we welcome the government’s decision to stop the presumption of contact being in the child’s best interest.
Many of our members who have experienced domestic abuse have been navigating a family court system that has let them and their children down. This has caused additional trauma, prolonged healing, and in some cases, further harm and abuse.
This step, whilst positive, must be part of a much wider suite of systemic reform to ensure that children’s safety and wellbeing sit at the heart of every decision made within family court proceedings.
What Has Changed
The government has now abolished the presumption of parental involvement in family courts, when deciding what is in the best interests of the child.
Previously, the law assumed that children benefited from equal contact with both parents, even when there were allegations or proven cases of abuse. This default position often placed survivors in harm’s way, and placed children in positions where they had to spend time with a non resident parent when they didn’t feel safe there. This forcing of continued contact with abusers was enacted with child arrangements orders and the resident parent being threatened with contempt of court when they tried to protect their child/ren.
Family courts should now make decisions case by case, focusing on the safety and welfare of the child above all else.
One SPW member told us, “I can’t believe it’s taken this long. Too many children have senselessly lost their lives by courts ordering that they are handed over to parents who are known to be abusive or violent. Safeguarding of children should always take priority over all else at all times.”
This new ruling is an important shift toward that principle, that protection must always come before presumption of what the starting point is.
Why This Matters
This change is a victory for survivors, campaigners, and children’s advocates who have long called for the system to prioritise safety over parental rights.
For single parents who have survived abuse, the impact could be life changing:
Children’s safety comes first. Courts will no longer assume that contact with both parents is beneficial. Instead, judges will assess whether contact is safe and appropriate in each individual case.
Survivors are heard. For too long, survivors’ concerns were dismissed as conflict rather than evidence of control and coercion. This reform validates their experiences and strengthens their voice in court.
Reduced risk of retraumatisation. Many survivors have described post separation abuse, where perpetrators use family court proceedings or child contact to continue controlling behaviour. The new framework makes this harder to exploit.
A culture shift in family justice. This is not just a legal change; it is a recognition that abuse has long term, generational effects.
It fights the narrative of ‘he said, she said’, evidence of abuse should add weight to what the survivor is saying about patterns of behaviour that exhibit control tendencies and motivations
But many of our members have shared that while the law may change, implementation is what truly matters.
“The courts don't implement or listen to the guidance that has been in place already, particularly where there has been non-physical domestic abuse. I’d like to trust this new change, but unfortunately I don’t have much faith in the system.”
This lack of confidence shows the gap between policy and practice, and why reform must be matched by cultural change and accountability.
Survivors’ Experiences
One SPW member shared her experience of navigating the family court system before these reforms:
“I was told that the abuse wasn’t bad enough as I never stopped contact.”
A great example of being ‘damned if you do and damned if you don’t.’ The threat of non compliance vs the threat of you didn’t prioritise safety.
Another parent described the devastating emotional toll that court decisions can have on children:
“The current system does not work. It breaks children, the resident parent, family, and friends. It has been completely traumatic for my son. Despite evidence, the court claimed that his father’s rights to see him were more important than my son’s wishes.”
A further member reflected on how fairness should always be grounded in safety:
“I think parents should be seen as equal, but the assumption that a child seeing both parents is always in their best interest, is not right. Sometimes a parent can do more damage by having equal or near-equal contact than if they see the child less or not at all.”
Another member spoke about the imbalance of power within the courts, where professional assessments can outweigh lived experience:
“One of the main issues for me is that the judge pays far more attention to CAFCASS than the parents — that is a fallacy in itself. There needs to be more structured guidance around domestic violence from the courts. The system is broken; it will take a huge shift in power for that to be anything different in the future.”
And another raised concerns that reform must still guard against manipulation:
“It’s setting the field open for parental alienation, and all the emotional and physical harm that comes from that manipulation. Equal contact is best — as long as the child is not at risk. If a child is at risk, they should not be in that situation in the first place.”
One parent summed up what so many survivors feel about the deeper issue behind all of this:
“The issue is, the law can change, but judges’ views don’t. Many still hold the belief that children need two parents, or that coercive behaviour doesn’t exist — yet in reality, we all know it does.”
These lived experiences make one thing clear: survivors must be at the centre of reform. Laws alone are not enough, it is how they are applied, interpreted, and lived that determines whether children are truly protected.
“At SPW, we hear a lot from our members that the family courts are often used as a continuation of the abuse,” says an SPW spokesperson. “This new ruling means survivors are safer and more protected, but our members would like to see the changes go further and more reforms brought into place.”
Coercive control understanding in particular has still not fully disseminated across all professionals within police, children’s services, CAFCASS and the courts. Getting it to be further understood of how it applies to children and the manipulation tactics being used, including parental alienation, when an abuser loses the power of control over their ex partner is crucial if this law reform is to do what it intends to do.
What This Means for Single Parents
At SPW, we work every day with parents who are rebuilding their lives, finding safety, stability, and self-worth after trauma. This reform gives renewed strength to those efforts.
It means single parents should no longer have to justify why their child should not be exposed to harm. It means their child’s wellbeing is central, not secondary, in family court decisions.
But we also know change takes time. Law reform must be matched by:
Training for judges, social workers, and professionals to understand domestic abuse, including coercive control, parental alienation and trauma.
Survivors’ voices being heard and involved in reform. True progress can only happen when those with lived experience are part of shaping the solutions. Survivors understand the barriers, the fear, and the gaps in protection better than anyone else. Their experiences must inform every stage of change, from courtroom practice to policy development, to ensure the system genuinely protects and empowers families.
Access to free emotional and legal support for parents navigating complex family court processes.
Joined up support services, so survivors are not left to fight alone or suffer being retraumatised explaining the situation repeatedly
Services that can recognise the signs that children are scared to speak out against someone who has harmed them or someone they love; or that they have been coerced or manipulated into ‘parroting’ what to say when questioned
Survivors are the experts in their own experiences, and their voices must be central in shaping a family court system that is psychologically safe, fair, and trauma informed, so that children are protected from harm during the court process and throughout the rest of their childhood.
Sophie from Zeus Family Law says:
"This long-awaited reform represents a significant and necessary shift in family law, ensuring that the welfare and safety of children are no longer undermined by a blanket presumption of contact. The true measure of progress, however, will lie in its consistent and informed application; requiring robust training, consistent practice, and a genuine understanding of the dynamics of abuse."
If You Need Support
If you are a single parent affected by domestic abuse, please remember: you are not alone.
Reach out to trusted services such as:
Live Fear Free Helpline (Wales): 0808 80 10 800
Single Parents Wellbeing (SPW): visit our Domestic Abuse Resources page for local and national support options.