Worried about keeping in touch with your children while in custody? Caira by Unwildered gives you AI-powered 24/7 legal support — chat instantly, upload your documents, and get clear answers on family law, contact arrangements, and court processes. Built on more than 10,000 legal documents for England and Wales. No waiting room. No judgement.

Frequently Asked Questions

Can children visit family in prison?

Yes. Children can visit a parent or family member in prison in England and Wales. The person in custody must add the child to their approved visitor list, and a responsible adult must accompany them. Visits need to be booked in advance, and each prison has its own process. There is no automatic legal right to visits — but the law expects contact to happen unless there is a clear safeguarding reason why it should not.

What is the new 33% rule in prison?

The Sentencing Act 2026 introduced an earned-progression model for standard determinate sentences. Under it, eligible prisoners can become eligible for release after serving one third — 33% — of their sentence, provided they demonstrate good behaviour and engage with rehabilitation. It does not apply to life sentences, IPP sentences, or extended determinate sentences. The model is being phased in through autumn 2026, so whether it applies depends on the sentence type and the relevant commencement date.

What is Rule 63 in prison?

In England and Wales, Rule 63 of the Prison Rules 1999 concerns prison officer conduct — specifically, it prohibits officers from accepting any unauthorised payment or benefit connected to their role. It is not a rule that directly affects prisoners or their families. If you have heard it mentioned in relation to separation or protection, that may be a reference to a different jurisdiction or a confusion with Rule 43 or Rule 45, which deal with segregation.

What is Rule 43 in prison?

Rule 43 was a provision in the old Prison Rules 1964 that allowed prisoners to be separated from the general population — either for their own protection or for good order and discipline. It became widely known as prison slang for vulnerable prisoner units.

Under the current Prison Rules 1999, this power now sits in Rule 45. The term Rule 43 is still used informally by many prisoners and staff, but it no longer corresponds to that rule number in current legislation. If a parent is held under Rule 45, contact with children should still be facilitated unless there is a specific safeguarding reason not to.

What the Law Says

There is no automatic legal right for a child to visit a parent in prison. But it matters that contact is actively encouraged — not just as a policy preference, but as a legal expectation grounded in two important pieces of legislation.

The Children Act 1989 requires prisons to safeguard and promote the welfare of any child affected by a contact decision. The Human Rights Act 1998 protects the right to family life under Article 8. Neither right is absolute. Both can be limited where there is a genuine safeguarding concern. The starting point, though, is that contact should happen.

Going to prison does not remove parental responsibility. A parent in custody keeps theirs unless a court specifically takes it away. That means decisions about a child's upbringing — including who they see and when — are still shared.

Why This Matters

Around 312,000 children in England and Wales have a parent in custody at any given time. That is a lot of families quietly navigating something most people know very little about.

The research is clear. Maintaining a safe relationship between a child and their imprisoned parent reduces the risk of the child developing mental health difficulties. It also reduces the likelihood of a parent reoffending after release. Keeping that bond alive, where it is safe to do so, is good for everyone — and the law reflects that.

A major HM Inspectorate of Prisons report from March 2026 found that many prisons are still getting the basics wrong. Broken booking systems. No evening or weekend slots. Little practical help with travel costs. The Ministry of Justice has been asked to produce an action plan. That is progress, even if it is slow.

Rights and Considerations by Age Group

Children do not lose the right to know their parent simply because that parent is in prison. And a parent does not lose the right to be part of their child's life. The law recognises both of those things.

When Can Contact Be Blocked?

Prisons can restrict or refuse visits — including phone calls and letters — in specific circumstances:

• The prisoner has been convicted of, or charged with, offences against children

• A risk assessment concludes contact poses a safeguarding risk to that child

• A court order is in place that prohibits contact

• The child's carer refuses to bring them, and no court order requires them to

If contact is being blocked and you believe it should not be, a family solicitor can apply to the family court for a Child Arrangements Order. Legal aid may be available depending on your circumstances — it is worth checking before assuming it is not.

If a carer is being pressured into allowing contact they believe is unsafe, a Prohibited Steps Order is the relevant route.

Special Needs — Child or Parent

If your child has a disability or additional needs, the prison's family liaison officer is the right person to speak to first. Some prisons offer quieter visits, shorter sessions, or rooms outside the main hall. These are not guaranteed everywhere. The Equality Act 2010, however, requires prisons to make reasonable adjustments — so it is worth asking directly and putting any response in writing.

If you have a health condition or disability that affects how you engage during visits, tell the prison healthcare team and the visits coordinator. The duty to make adjustments applies to you too.

What Is Changing in 2026?

Two changes are relevant this year.

The Sentencing Act 2026 introduces the earned-progression model described above. For some families, this could mean a shorter period of separation than expected. Whether it applies depends on the sentence type and the timing of when provisions come into force.

The government is also removing the presumption of parental involvement from the Children Act 1989. Courts previously assumed contact with both parents was usually in a child's best interests. That assumption is going — not to end contact, but to ensure the focus stays firmly on whether contact is safe. In cases involving domestic abuse or serious safeguarding concerns, that is an important shift.

Practical Next Steps

• Contact the prison's family liaison officer as early as possible — they can add your child to the approved visitor list and explain the local booking process

• Ask about the Assisted Visits Scheme for help with travel costs — the Prisoners' Families Helpline on 0808 808 2003 can walk you through it

• If contact is being refused, a family solicitor can make a court application — legal aid may cover the cost, so check eligibility first

• For children who are struggling emotionally, Pact (Prison Advice and Care Trust) and Barnardo's both offer specialist support

Need help understanding a court order, drafting a letter to your child's carer, or working out what you can do next? Caira by Unwildered is available 24/7 — chat anytime, upload your documents, and get plain-English answers grounded in English and Welsh law. It is not a replacement for a solicitor, but it can help you understand your position clearly and take the right next step with confidence.

Sources / Further Reading

• Children Act 1989

• Human Rights Act 1998, Article 8 ECHR

• Prison Rules 1999 (SI 1999/728), Rules 45 and 63

• Sentencing Act 2026

• HM Inspectorate of Prisons, Safety, well-being and hope: The untapped potential of family contact in prisons (March 2026)