Closed petition: Change the burden of proof in the Family Courts

Closed on 27 May 2026

I want the government to change the law so that the burden of proof in the Family Courts changes from a 'balance of probabilities' to 'beyond reasonable doubt'. Especially when cases may involve the loss of contact between a child and their parent.

Family Courts assess allegations on a 'balance of probabilities', or 'more likely than not' basis, and any allegations proven to this standard can then inform decisions about parental contact. Many of those who face family courts do so without legal aid and support, and can quite often face other parties who have legal aid and support. We feel this is grossly unfair on not just parents but children facing these life changing decisions. The law related to burden of proof must change.