Orders for no contact between a child and a parent are rare and will only be made in exceptional circumstances. The court must be satisfied that any form of contact would be harmful to the child’s welfare, whether emotionally, psychologically, or physically. In some cases, the impact on the child’s primary carer, particularly where there has been trauma or abuse, may also justify such an outcome.
The Legal Framework: Children Act 1989 and the Welfare Checklist
The legal framework is grounded in the Children Act 1989. The court’s paramount consideration is the child’s welfare, requiring a holistic evaluation of all relevant factors, guided by the welfare checklist. Alongside this, there is a statutory presumption of parental involvement, meaning that a child generally benefits from a relationship with both parents unless evidence demonstrates otherwise.
When Does the Presumption of Parental Involvement Not Apply?
However, this presumption is not absolute. Where there are findings of domestic abuse, the court must carefully apply Practice Direction 12J, ensuring that any contact does not expose the child or the resident parent to further harm. Recent commentary and the Ministry of Justice’s October 2025 report have raised concerns that the presumption may, in some cases, risk perpetuating harm, prompting consideration of legislative reform.
No Contact Orders: What Do Recent Cases Tell US?
Case law illustrates the high threshold required. In TM v TF [2024], despite serious abusive behaviour, contact was still maintained. By contrast, in Re C (A Child) [2024] and JE v TS [2025], findings of severe abuse, including coercive control, violence, and psychological harm, led the court to conclude that no contact was in the child’s best interests. Similarly, in RA v PK [2025], the court found that even indirect contact risked re-traumatising both mother and child.
The Threshold for No Contact: A Summary
Ultimately, the court will only depart from the presumption of involvement where the risks are so significant that no form of contact can be safely managed.
Speak to Our Family Law Solicitors
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Previous Related Articles
You may find these previous articles with related information helpful:
- Schedule 1 to the Children Act 1989: Who Is It Really For?
- Section 7 Reports in Children Act Proceedings – What Clients Need to Know
- Fact-Finding Hearings in Children Cases: Why the Law Remains Uncertain
- Grandparents’ Contact Rights: Maintaining Relationships After Separation
This article is for general information only and should not be relied on as legal advice. For tailored advice, please contact our specialist solicitors.
