The end of the “presumption of parental involvement” – what it could mean for your family

The government has announced that it intends to remove the legal presumption that a child’s welfare is normally best served by having both parents involved in their life, a principle currently found in section 1(2A) of the Children Act 1989. The change will be made “when parliamentary time allows.” The review behind this decision concluded that, although many children benefit from time with both parents, the presumption has contributed to a “pro‑contact culture” that can leave some children at risk of harm.

What is changing?

Under the current law, courts can start from the position that a child is usually better off with some involvement from both parents, direct or indirect, unless there is evidence to the contrary. The government intends to repeal that starting point. The child’s welfare will remain the court’s paramount consideration in every case, as it is now, and judges will continue to weigh each child’s individual needs and circumstances. Even after repeal, courts must still consider all alternatives before making an order for no contact because of the rights to family life protected under Article 8 of the European Convention on Human Rights.

Why is the change being made?

The government-commissioned review found that orders for no contact are rare and that courts most often make orders for both parents to be involved, including unsupervised and overnight time, even in cases showing indicators of a high risk of domestic abuse. Evidence suggested that the presumption has been understood as creating a “positive duty” on judges to promote parental involvement, reinforcing the pro‑contact culture. The review also reported that allegations of abuse were sometimes downplayed, that certain controlling or coercive behaviours were not consistently identified, and that this could lead to potentially unsafe outcomes for children. It concluded that prioritising involvement for its own sake could, in some cases, be detrimental to a child’s welfare.

What will stay the same?

Children’s welfare will remain the overriding priority in any decision, guided by the statutory welfare checklist and the wider facts of the case. Courts will continue to consider all options carefully, including how safe any arrangements would be for the child and the quality of the child’s relationship with each parent, rather than simply the amount of time spent together.

How could this affect your case?

If you are making or responding to a court application about child arrangements, your case will be assessed on what is safe and right for your child, without a general assumption that both parents must always be involved. Where there are concerns about harm, the court should focus on identifying and managing risks, including non‑physical abuse, and on hearing the child’s voice. If there are no safety concerns, the court will still aim to promote arrangements that support your child’s welfare and relationships, but with careful attention to the child’s individual needs and circumstances.

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