Dr Charlotte Proudman explains why we need a Family Justice Bill
Ensuring equality and safety in family law
Family law affects millions of children and families every year, yet the system has long been criticised for inconsistencies, bias, and a failure to adequately protect the most vulnerable. The proposed Family Justice Bill represents a crucial step toward a irer, safer, and more equitable family justice system.
Current family law often fails to reflect the principles of equality and child safety. Decisions about child contact, custody, and parental responsibility are frequently influenced by outdated presumptions, unconscious bias, and systemic inequities. Survivors of domestic abuse, women, and BAME families are disproportionately affected, facing repeated minimisation of their experiences and increased risk of harm.
Cases such as Re A (Parental Responsibility) [2023] EWCA Civ 689 and Re H-N [2021] EWCA Civ 448 illustrate how historical legal principles and a “pro-contact” culture can override safety considerations. Children have been placed in unsafe environments, while abusive parents maintain parental responsibility or contact rights. The Family Justice Bill seeks to address these systemic failings by ensuring that child welfare and safety are central to every decision.
Key principles of the proposed bill
Children’s safety and well-being must take precedence over parental rights.
Contact arrangements should be based on evidence and risk assessments, not historical presumptions.
Families must be treated equitably regardless of gender, marital status, race, or socio-economic background.
Survivors of domestic abuse must not be penalised for seeking to protect their children.
Family court proceedings should be consistent, accessible, and transparent.
Courts will be guided by rigorous, independent assessments of risk and welfare.