Why the UK Just Repealed Its “50/50 Contact” Law - and What the U.S. Can Learn

Stephanie Daukus
6 days ago
3 min read

Screenshot of a BBC article "Family court law on parental contact for children to change"

Credit: BBC https://www.bbc.com/news/articles/cx2lxgp58j5o

In a landmark decision, the UK government has repealed the presumption of parental involvement - a law that, for more than a decade, encouraged equal contact between children and both parents, even in cases involving domestic or coercive abuse.

This reform, often called Jack and Paul’s Law, honors two young boys, Jack and Paul, who were tragically killed by their father after a family court ordered contact. Their mother, Claire Throssell, alongside advocates like Dr. Charlotte Proudman and Right to Equality, fought for years to change a system that prioritized “both parents’ rights” over children’s safety.

⚖️ What the Law Meant - and Why It’s Changing

The presumption of parental involvement (Section 1(2A) of the UK Children Act 1989) was designed to ensure that children maintained meaningful relationships with both parents after separation.

But in practice, it created what reformers called a “pro-contact culture” — one that too often forced unsafe contact between children and abusive parents.

After the Ministry of Justice Harm Panel Report (2020) revealed systemic failures to protect children from domestic and coercive abuse, reformers demanded action. This week, the government finally listened.

Repealing the presumption returns the legal focus to the child’s best interests and safety, rather than the equal rights of parents.

💬 Why This Matters Beyond the UK

In the United States, there’s no single national custody law - every state determines its own standards.

Some, like Colorado and Illinois, have moved toward shared parenting frameworks that encourage both parents to remain active in their children’s lives. Others, like Texas, rely on Standard Possession Orders that often approximate equal time but allow modifications in cases of abuse or coercive control.

Across all three, the same tension exists: how to balance equal parenting time with child safety and real-world power dynamics.

The UK’s experience is a reminder that even well-intentioned “50/50” laws can unintentionally harm families when abuse, control, or intimidation are present. Equality in theory doesn’t always translate to safety in practice.

💰 Where Finance and Safety Intersect

As a Certified Divorce Financial Analyst® professional, I see this intersection all the time.

When a court assumes 50/50 parenting time, it directly affects child support calculations, tax benefits, and shared expenses. For families leaving financially or emotionally abusive relationships, those assumptions can create new imbalances that keep one parent dependent on the other.

Equal time does not always mean equal safety, effort, or responsibility.

That’s why documentation, transparency, and financial clarity are essential. They help ensure that shared parenting doesn’t become another means of financial or emotional control after divorce.

🌍 The Lesson

The UK’s repeal isn’t anti-father or anti-shared parenting - it’s pro-safety. It recognizes that legal equality cannot come at the expense of safety or justice.

For the U.S., it’s a reminder that family law must evolve alongside our understanding of abuse - including financial abuse. Presumptions of equality only work when power is equal.

💛 At Clarity Financial Wellness

At Clarity Financial Wellness, I help individuals uncover the full financial picture, identify patterns of control, and move forward with confidence and clarity — especially during and after divorce.