The presumption of parental involvement in a child’s life is to be withdrawn, the government has announced. This significant shift in approach is intended to increase protection for children where domestic abuse is a factor in issued Court proceedings.
If you are concerned about the implications of this announcement, or any contact taking place between a parent and child, the specialist family team at mfg Solicitors can support you.
Presumed involvement
Since 2014, there has been a legal presumption in private law children proceedings that a parent’s involvement a child’s life will further the child's welfare, unless the contrary is shown (s1(2A) Children Act 1989). This presumption sat alongside the paramountcy of the child’s welfare when the court considers any decision in relation to children. In practice, it has meant a presumption that a child’s welfare is generally served by the involvement of both parents, however limited that involvement might be.
Removing the presumption
Following the final report of the Ministry of Justice’s, Review of the presumption of parental contact published in October 2025, the Government has announced plans to repeal the presumption in favour of parental involvement, when parliamentary time allows.
The Report found that, he presumption in favour of involvement was rarely challenged and, in most cases, the outcome was therefore that some form of contact would be ordered to take place between between a child and both parents – this generally being unsupervised and face-to-face.
However, the Report found that even in cases involving domestic abuse, the courts frequently ordered direct contact where a parent posed a risk to a child – eg in cases where genuine allegations of domestic abuse or harm had been made, but there was no or little evidence to support it.
The report concluded that “system practice and the resulting court decisions could leave children at ongoing risk of harm”. The government has now concluded that existing safeguards are insufficient and that the presumption of parental involvement will be repealed.
The key drivers of behind this decision are a desire to ensure that:
- consideration of the child’s welfare is not diluted by a default expectation of involvement
- courts and professionals avoid “contact at all costs” thinking in cases featuring domestic abuse, coercive control, substance misuse or other risks
- judicial discretion is fully restored to assess the proportionality of any involvement in the child’s particular circumstances, rather than to fit cases to a general presumption
What changes in practice?
The welfare principle remains paramount and the welfare checklist continues to guide the court’s analysis, to include an assessment of the child’s needs, the likely effect of any change, the capability of each parent, and any harm the child has suffered or is at risk of suffering.
What changes is the removal of the statutory nudge towards parental involvement. Judges will decide what arrangement best promotes the child’s welfare on the facts, without any presumption that involvement by both parents will further that welfare.
The question for the court will be: Should the parent be involved? Rather than Why not?
For children, the primary impact should be enhanced focus on their safety, lived experience and developmental needs. The court is likely to give greater attention to the child’s voice, the quality (not simply the quantity) of parental involvement, and the long-term emotional and psychological implications of any order.
Conversely, in cases without safeguarding concerns, courts can and will continue to make orders that promote meaningful involvement by both parents where that serves the child’s welfare. The absence of a presumption does not prevent robust arrangements; it simply requires that they are justified on the evidence.
As Justice Minister Baroness Levitt KC said: “The only right which matters is a child’s right to safety and this government is determined to ensure that that is at the heart of every decision made about each and every child.”
How we can help you
For expert support from experienced family and child arrangements solicitors, contact our family law associate, Kennedy Langley at kennedy.langley@mfgsolicitors.com or telephone 01562 820181.