The Government has announced plans (as of 22nd October 2025) to repeal the presumption of parental involvement from the Children Act 1989. This would mark a significant shift in family law.
The presumption was introduced to emphasise the importance of children maintaining relationships with both parents after family separation provided it is safe and, in the child’s, best interest. The presumption assumes that the involvement of both parents in a child’s life furthers the child’s welfare unless evidence demonstrates otherwise. This presumption applied in specific circumstances such as when the court is considering whether to make, vary or discharge an order as to arrangements for who the child lives with or spends time with or when determining parental responsibility for a parent other than the mother. The term “involvement” was defined broadly to include direct and indirect involvement, but it did not imply any particular division of the child’s time.
The proposed repeal of the presumption arises from concerns about its application in private law cases, particularly where there is a risk of harm to children. There needs to be a balance between protecting children from harm and maintaining their relationships with both parents. This step is intended to protect children exposed to family courts from harm following new evidence that shows that always prioritising contact can, in the worst cases, perpetuate child abuse.
The change is founded on clear principles that every child deserves to be safe and places the wellbeing and safety of children at the forefront of decision making. It recognises the potential harm to children caused by an automatic presumption of parental involvement. If parents are thought to be a threat to their child’s safety involvement in their lives can be restricted for example by the courts ordering supervised contact, limiting involvement to written communication, or ordering no contact at all. The courts would no longer be required to presume that parental involvement furthers the children’s welfare. Instead, decisions would be based solely on the welfare checklist and the specific circumstances of each case without the statutory presumption as a starting point. This may provide greater flexibility for the courts to prioritise child safety without being constrained by the presumption. On the other hand, it could lead to concerns about the erosion of the principle that children benefit from relationships with both parents, potentially resulting in less consistent outcomes in family law cases.
The change follows the tireless campaigning of Claire Throssell whose children were tragically killed by their father 11 years ago.
Judges already consider such cases carefully in practice, but this is a positive step towards a cultural step. Supporting parents to prioritise the best interests of their children is at the heart of Resolutions Code of Practice which is followed by all members of the family team at Howell jones and this step can only help do so.
