A Bill To strengthen family cohesion within the United Kingdom; to affirm the right of family members to maintain close relationships; to provide that families may ask non‑harmful questions in the interest of welfare and safeguarding; and to establish that immediate family members shall have priority consideration in custody determinations, subject to the paramountcy of the child’s welfare.

 

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

 

1. Purpose of this Act

The purposes of this Act are—

  1. to promote and preserve close familial relationships;

  2. to recognise the importance of open, non‑harmful communication within families;

  3. to ensure that immediate family members receive priority consideration in custody matters, provided that such arrangements align with the welfare of the child.

 

2. Interpretation

In this Act—

  • “Family” means parents, legal guardians, siblings, grandparents, and any other person with a recognised parental responsibility under the Children Act 1989.

  • “Non‑harmful questions” means inquiries made without coercion, intimidation, or abuse, and which are reasonably intended to support welfare, safeguarding, or familial understanding.

  • “Custody” includes residence, care, and parental responsibility arrangements as defined under existing family law.

  • “Priority consideration” means that family members shall be considered first when determining suitable custodians, subject always to the welfare principle.

 

3. Promotion of Family Cohesion

(1) Public authorities, when exercising functions relating to children or vulnerable persons, must have due regard to the desirability of maintaining close familial bonds. (2) Public authorities shall take reasonable steps to facilitate communication and contact between family members, unless such contact would be contrary to the welfare of the child or vulnerable person.

 

4. Right to Ask Non‑Harmful Questions

(1) Family members shall have the right to ask non‑harmful questions of one another for the purpose of—

  • safeguarding,

  • emotional support,

  • understanding welfare needs, or

  • maintaining healthy family relationships. (2) No public authority shall restrict such communication unless necessary for the protection of an individual’s safety or rights.

 

5. Priority of Family Members in Custody Determinations

(1) In any custody, residence, or care determination, immediate family members shall be given first priority as potential custodians. (2) Priority shall not override the paramountcy of the child’s welfare, which remains the primary consideration under section 1 of the Children Act 1989. (3) Where a family member is not selected as custodian, the court or authority must provide written reasons explaining why such placement was not deemed suitable.

 

6. Duties of Courts and Public Authorities

Courts, local authorities, and safeguarding bodies must—

  • consider family placement before non‑family alternatives;

  • document all assessments of family suitability;

  • ensure decisions are transparent, proportionate, and consistent with this Act.

 

7. Extent, Commencement, and Short Title

(1) This Act extends to England and Wales. (2) This Act shall come into force at the end of the period of three months beginning with the day on which it is passed. (3) This Act may be cited as the Family Cohesion and Custody Priority Act 2026.