There have been some important changes announced in family law that aim to better protect children. These changes focus on parental responsibility and how the courts decide what’s best for a child’s safety and wellbeing.
In simple words, parental responsibility means having the legal rights and duties to make important decisions about achild’s life. This covers key areas such as where the child lives, which school they attend, their medical care, religious upbringing, and matters like travelling abroad or applying for a passport. It essentially gives a parent or guardian the authority to be involved in the major decisions that shape a child’s well-being and future.
Now, as many of you correctly assume, a child’s birth mother automatically has parental responsibility. What many are often in the dark about is, a father or second parent also has it if they were married to the mother when the child was born, or if they are named on the birth certificate. In addition, parental Responsibility may also be given through a Court Order.
It is important to understand that parental responsibility and contact arrangement do not automatically go hand in hand. While parental responsibility allows you to have an input on the child’s life, if there are safeguarding concerns, the Courts have the authority to limit or even completely stop contact.
On 20 October 2025, parliament tabled amendments to the Victims and Courts Bill which was first brought to the House of Commons in May 2025.
Under the new changes, in circumstances where a child was born as a result of rape, parental responsibility for the perpetrator will automaticallybe restricted. This also applies to parents who have been convicted of a serious offence against any child. This means that the party who has committed any of the acts previously mentioned can no longer take active steps in their child’s life, including making decisions over their schooling, medical care, or trips abroad. This restriction will take effect automatically after sentencing,removing the necessity for an application to be made to the court.
Let us reflect on what this truly means and what the key stakeholders make of it. Members of Parliament have welcomed the amendment as a long-overdue and transformative step in strengthening protections for survivors of sexual violence and their children. Parliamentarians emphasised that the reform will finally provide legal protection not only for children conceived through rape,but also for their mothers, who have long lived under the fear that their attackers could use parental responsibility rights to exert further control or cause distress.
I believe that this change aims to protect both the survivor and the child from further emotional harm, ensuring that the focus stays on their safety and recovery. I understand that it’s usually best for a child to have both parents involved in their life. However, if there is a risk of harm due tothe involvement of one parent, particularly in circumstances of abuse, it is important that steps are taken to ensure the safety and wellbeing of both the survivor and the child.
The amendments to this bill will allow the courts to now focus entirely on what is safest and in the best interests of the child. These reforms are a positive step forward in making family law more focused on children’s safety and well-being. They send a clear message that protection from harm comes before parental rights.
In my view, this is the right direction for family law; it’s more compassionate, realistic, and centred on what truly matters: keeping childrensafe and helping families move forward in a healthy way.
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