Recent changes announced by the Government mean that the “presumption of parental involvement” will be removed from the Children Act 1989. Understandably, many parents are concerned about what this means for their families. Below, we explain the change in straightforward terms and outline how it may affect your case.
What has actually changed?
Under the current law, the court is required to begin with an assumption that some level of involvement from both parents would usually benefit a child. The presumption was meant to encourage shared parenting; however it has long been criticised by domestic violence survivors, charities and legal professionals.
Once the presumption is removed, the court will no longer start from any automatic assumption. Instead, judges will look at each family’s circumstances individually, focusing first and foremost on your child’s safety, welfare and long-term wellbeing. If parents are thought to be a threat to their child’s safety, involvement in their lives can be restricted, for example through courts ordering supervised contact, involvement limited to written communication, or by ordering that there should be no involvement at all.
How this change may help
- A clearer focus on safety
If there are concerns around domestic abuse, controlling behaviour, or emotional harm, the court will be able to consider these openly without the pressure of a default expectation of contact.
- A more holistic assessment
Parents who raise genuine safeguarding concerns may feel better supported, as they are no longer required to overcome a legal presumption in order to protect their child. Although the welfare checklist in section 1(3) has always guided courts, removing the presumption allows judges to focus fully on each child’s individual needs. This includes their physical, emotional, and educational needs, any actual or potential harm, and their wishes and feelings (amongst other factors).
- Tailored arrangements
This shift encourages decisions that fit the realities of your family, rather than a generic starting point. Whilst a meaningful relationship with both parents will often benefit children, this is not always the case and it is important that the law is flexible enough to be able to afford adequate protection to all children.
What to keep in mind
Some increased uncertainty
With no starting presumption, outcomes may vary from case to case. This can make the process feel less predictable, especially for parents seeking to secure or re-establish regular contact.
Possibility of more dispute
Because the court will move to assessing involvement entirely on the facts, some matters may need more evidence or discussion before a way forward is agreed.
Impact on non-resident parents
Parents trying to build or rebuild a positive relationship with their child may need to show more clearly how their involvement supports the child’s wellbeing, if allegations of abuses have been made.
What this means for your case
It is important to stress that removing the presumption does not mean the court is moving away from supporting meaningful relationships with both parents. Many children continue to benefit deeply from having both parents involved in their lives, and the court will still promote this where it is safe, secure, and in the child’s best interests.
What the change does ensure is that decisions will be made with greater attention to the realities of your child’s life, not based on an automatic legal starting point.
If you are unsure how this reform might affect:
- an ongoing application,
- child arrangements,
- concerns around risk or safety, or
- your ability to maintain or rebuild contact,
Our specialist family-law team is here to guide you through the process with clarity, care, and practical advice.
