A legislative vehicle has been found for the repeal of the presumption of parental involvement – a change which was expected only when parliamentary time allows.

The announcement was made during an event organised by not-for-profit organisation Right to Equality, founded by family barrister Charlotte Proudman. 

Speaking at the event, justice minister Alex Davies-Jones said: ‘The government is determined to drive forward a family justice system that works for everyone who might need it. That is why we are committed to repealing the presumption of parental involvement as soon as possible, not just when parliamentary time allows.’

She added: ‘Keeping children safe is the overriding priority for the family courts and it is this government’s priority, so our next step will be to repeal the presumption from The Children’s Act 1989, and we will be doing this as soon as possible. We will be bringing forward legislation very soon.’

As Labour MP Marie Tidball expressed the desire for the repeal to ‘happen as soon as possible’ it was announced that a bill had been found. Tidball said: ‘We’ve got one. You have heard it here first.’ She did not elaborate and Tidball has been contacted for further details. 

Claire Throssell, whose sons Jack, 12, and Paul, nine, were killed by their father in 2014 after the court ordered there be five hours of unsupervised contact a week, has been campaigning for the repeal, joining forces with Women’s Aid in 2016.

Claire Throssell

Throssell's sons were killed by their father in 2014

Source: Alex Merz

Speaking of her experience with the family courts, Throssell said: ‘I told as many people as I could that he was a danger but I was invisible. Invisible, voiceless, powerless and at the mercy of a court that, quite frankly, did not care, did not believe, did not support, did not protect, did not see us and did not hear us.’

‘Every time I go to a conference, every time I go to parliament, every time I meet a minister, I show this photograph [of Jack and Paul] because most barristers, most solicitors, most judges do not see children’s faces, do not use children’s names. You are fighting for children’s lives but you do not know what they look like, you do not meet them. They have voices, they have feelings. They are entitled to live and have childhoods free of fear and oppression.'

Proudman said the repeal ‘cannot come soon enough’, adding: ‘Whilst we are grateful, it is not yet in law or implemented. I have no doubt from hearing everyone that has spoken today that they will make sure that it happens but a lot can change in legislation between announcement and Royal Assent.'