The Government plans to repeal the presumption that both parents’ involvement is automatically in a child’s best interests
What is changing?
The Government has announced plans to remove the presumption of parental involvement from the Children Act 1989. This principle, introduced in 2014, requires courts in private children law cases to begin with the assumption that the involvement of both parents in a child’s life will promote their welfare, unless evidence shows otherwise. The presumption aimed to reflect the widely held belief that children usually benefit from having both parents in their lives, whether through direct or indirect contact, and so this should always be facilitated.
Over time, however, concerns have been raised that the presumption could operate unfairly in cases involving domestic abuse or coercive control. Family Law practitioners and campaigners argue that in some cases, the presumption of parental involvement created a ‘pro-contact culture’ which risks overshadowing the need to fully assess the potential harm that could be caused to children through contact with a parent whose behaviour is abusive and controlling. These concerns were first captured in the 2020 Harm Panel Report, which recommended a review of how the presumption operated in practice.
Why is it changing?
The Review of the Presumption of Parental Involvement , authored by the Ministry of Justice, was published in October 2025. It found that, while courts rarely rely on the presumption explicitly, its existence contributes to an underlying culture where parental contact is often prioritised, even in cases where there are safeguarding concerns. Key findings included that children’s voices were not consistently heard and there was little evidence about how court-ordered contact affected children after proceedings ended. The review concluded that the presumption is not needed to ensure that parents are involved in their children’s lives where it would be safe and beneficial for the children, and that in some cases, the principle risks tilting the balance away from child safety. In response, the government has confirmed that it will repeal the presumption from the Children Act 1989 when parliamentary time allows.
What this means in practice
It is important to emphasise that repealing the presumption does not mean that the courts will discourage parental involvement in their children’s lives. Judges will continue to make orders for contact and shared care where it is safe and beneficial for the child. Instead, the starting position will change: rather than assuming that the involvement of both parents is necessarily in a child’s best interests, the courts will assess each case on an individual basis, focussing solely on the child’s welfare.
Judges will prioritise consideration of the welfare checklist, considering the child’s wishes and feelings, the nature of their relationship with each parent, whether there is any history of abuse or neglect and the impact that contact would have on the child’s wellbeing. This provides clear guidance for parents that their involvement must be shown to be safe and supportive of the child’s wellbeing as this will no longer be assumed.
The reform signals a clear shift in approach. Family courts will be expected to prioritise child-centred decision making, ensuring that the safety and welfare of children take precedence. For parents, this change reinforces the importance of demonstrating how arrangements meet a child’s needs and promote their wellbeing above all else.
If you have any queries regarding child arrangements or any other aspects of family law, please contact Bethan Thomas or another member of our Family & Matrimonial team.
Article Contributor, Liya Khwaja, Paralegal.
