On 22nd October 2025, the Government announced that the law will be changing to repeal the principle of the “presumption of parental involvement” in family court proceedings.
What is the “presumption of parental involvement”?
The principle known as the “presumption of parental involvement” was introduced in the Children and Families Act 2014, which added section 1(2A) to the Children Act 1989 setting out that :-
A court…is…to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare.
The Family Court applies this principle in private (between separated parents) law children cases when determining with whom a child is to live and how much time they should spend with either parent. The Family Court presumed that it would further a child’s welfare to have at least some level of contact with both of their parents, whether direct or indirect contact (i.e. contact by letters, telephone, video calls, etc.) and was introduced to help ensure that children could maintain a relationship with both parents after separation.
Why is it being repealed?
There have been criticisms of there being a “pro-contact culture” in Family Law proceedings, even where there has been serious parental conflict and a background of domestic abuse. A review undertaken by the Ministry of Justice found that the presumption often led the Family Courts to overlook or minimise safeguarding risks to children, even where there had been a history of domestic violence in the family.
The repeal reinforces the primary principle in children cases that “the child’s welfare shall be the court’s paramount consideration” (section 1, Children Act 1989). The Family Court will continue to make decisions on a case-by-case basis, however, they will no longer be bound by the default assumption that contact with both parents is always beneficial to a child’s overall welfare focusing on every child deserves to be safe.
Domestic abuse campaigners have hailed the decision and leading campaigner Claire Throssell said that the change will “save so many children’s lives”. Claire’s two sons, Jack and Paul, were murdered by their father after he was granted access, despite Claire’s evidence that he had previously threatened to kill them and himself. Justice Minister Sarah Sackman has said the change “will help us protect children for years to come”.
What next?
In the review produced by the Ministry of Justice, it has said that the repeal of the presumption of parental involvement is an important step in addressing pro-contact culture. They confirm that a child’s welfare will remain the court’s paramount consideration, and the welfare checklist in section 1(3), Children Act 1989 along with a focus on the individual needs and specific family circumstances, will “continue to be a central pillar of court decision-making”.
No timescales have been provided for when the change will come into effect. However, Prime Minister Sir Keir Starmer has said that the repeal “is going to happen”. The Government have confirmed that the repeal will happen when “Parliamentary time allows”. The Courts and Tribunal Bill had its second reading in the House of Commons on the 10th March 2026.
For advice on all children matters please contact one of our family solicitors.
