When Will a Court Decide a Child Should Have No Contact with a Parent?
Rare and Exceptional Circumstances
Courts in England and Wales rarely prevent a parent from seeing their child. No-contact orders are only granted in exceptional situations where contact would significantly harm the child, emotionally, psychologically, or physically. The wellbeing of the child’s primary carer may also be a factor, particularly when there is a history of abuse.
The Legal Framework
Under the Children Act 1989, a child’s welfare is the court’s paramount consideration. Judges must evaluate all aspects of the child’s situation, using the statutory welfare checklist. There is a general presumption that maintaining relationships with both parents benefits the child unless evidence demonstrates otherwise.
When the Presumption Doesn’t Apply
This presumption is set aside in cases of abuse or serious risk. Courts follow Practice Direction 12J to ensure that contact does not expose the child or the resident parent to further harm. Recent Ministry of Justice reports have raised concerns that current assumptions about parental involvement may sometimes allow harm, prompting consideration of legislative reform.
What the Case Law Shows
Case law illustrates the high threshold for no-contact orders. In TM v TF [2024], contact continued despite abusive behaviour. In contrast, in Re C (A Child) [2024], JE v TS [2025], and RA v PK [2025], courts found extreme abuse, including coercion, threats, and psychological trauma, justified prohibiting contact. In some cases, even indirect communication was deemed unsafe.
Key Takeaway
Courts approach no-contact orders with caution. The default position remains that children should maintain relationships with both parents unless circumstances are so severe that any form of contact would clearly endanger their welfare.
This article is for information only and should not be relied on as legal advice. For specific advice, please contact our expert solicitors.
Zubair Dharamsi Gowsigan Gnanakumaran Maisa Riazi
Partner Solicitor Trainee Solicitor
zd@roselegal.co.uk gg@roselegal.co.uk mr@roselegal.co.uk
