For many years, the Family Court has started from the position that a child’s welfare is generally enhanced by the involvement of both parents in their life. This principle, known as the presumption of parental involvement, has formed an important part of decision making in court proceedings involving children since 2014.
This however does not mean that the court will consider that parental involvement will always be in a child’s best interests. The court’s overriding consideration has always been, and remains, the welfare of the child.
How and Why is the law changing?
In 2020, the Ministry of Justice commissioned an expert review into how the Family Courts deal with allegations of domestic abuse and other welfare concerns in private law children matters.
The review found a number of concerns, including:
- Allegations of abuse were not always given sufficient weight.
- Historic abuse was sometimes minimised when decisions about child arrangements were made.
- The child’s wishes and feelings were not always or consistently taken into account.
- The courts were often reluctant to restrict contact, even where concerns about harm existed.
- The existing presumption may, in some circumstances, contribute to children and victims of abuse being exposed to ongoing harm.
The review concluded that the presumption of parental involvement should be reconsidered. Following publication of the final report in October 2025, the Government announced its intention to repeal the statutory presumption, and legislative effect is being given to this proposal through the Courts and Tribunals Bill, which is currently before the House of Commons.
The proposed changes do not mean that children will no longer have relationships with both parents. Rather, the court will continue to focus on what is in the best interests of the individual child by placing more weight on factors such as:
- the child’s wishes and feelings.
- The nature of their relationship with each parent.
- Any history of abuse, neglect or harmful behaviour.
- The impact that contact may have on the child’s wellbeing.
In practice, many children will continue to benefit from meaningful relationships with both parents. The key difference is that the court’s starting point will no longer be based on an assumption that parental involvement is automatically beneficial to a child.
Every family is different, and the court will continue to assess each case on its own facts, with the child’s welfare remaining the paramount consideration throughout..
If you would like advice regarding child arrangements, parental responsibility, or any aspect of children proceedings, please contact our Family Law Team, who will be happy to assist.