Oral Answers to Questions

Debate between Will Forster and Alex Davies-Jones

Tuesday 22nd April 2025 Commons Chamber

[Mr Will Forster (Woking) (LD)]

13. What steps her Department is taking to ensure child safety during private law proceedings.

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

The welfare of the child must be the paramount consideration for family courts, which should follow the welfare checklist, as set out in the Children Act 1989. Our new approach to private law proceedings—the pathfinder pilot courts—focuses on problem solving, putting greater emphasis on the voice of the child, but we are acutely aware that more needs to be done.

[Mr Forster]

The previous Government’s harm panel report stated that there is a crisis in family courts and that they are too pro-parental contact, despite there being concerns about the child’s safety. As with many things under the previous Government, the Conservatives did nothing about the report. Will this Government and the Minister commit to reversing the parental presumption where there are concerns about child abuse?

[Alex Davies-Jones]

As I have stated, the child’s welfare must be the court’s paramount consideration. The presumption of parental involvement states that a court should

“presume, unless the contrary is shown, that involvement of that parent in the life of the child will further the child’s welfare.”

I take this opportunity to state, however, that that applies only if the parent does not put the child at risk of harm. We will publish our review of the presumption in due course.