A New Era for Parental Involvement in Children Proceedings

A significant development is emerging in private law children proceedings: the removal of the presumption of parental involvement. In practical terms, this means that the court will no longer start from the position that it is inherently in a child’s welfare to have both parents involved in their life. 

Currently, Section 1(2)(A) of the Children Act 1989 states:

‘A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) 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.’

In practice, this presumption has often resulted in the court prioritising ongoing contact with both parents, even in cases where serious concerns are raised, including allegations of domestic abuse. Although involvement does not necessarily mean direct contact, many parents and particularly survivors of domestic abuse, have experienced the presumption as creating an uphill struggle to persuade the court that contact may be unsafe or contrary to the child’s welfare.

These concerns were highlighted in the Ministry of Justice’s report Assessing Risk of Harm to Children and Parents in Private Law Children Cases, published in June 2020. The review identified a ‘pro-contact culture’ within the family courts, with some victims feeling that their experiences of abuse were minimised of insufficiently weighed against the perceived benefits of parental involvement.  

More recently, the Ministry of Justice’s final report on the Review of the Presumption of Parental Involvement, published in October 2025, concluded that the courts had become ‘intrinsically geared towards fostering involvement for a child with both parents after separation,’ even in circumstances where it was evident that the parent posed a potential risk. The report acknowledged that the presumption may have shaped judicial decision-making rather than prompting a wholly neutral welfare assessment.

The removal of the presumption is seen as a positive step by many. It has the potential to reduce unsafe contact orders where there are genuine safeguarding concerns and to encourage judges to engage more directly and critically with the specific facts of each case.

On the other hand, the removal of the presumption is not without its potential challenges. One concern is that the court may see an increase in cases where false or exaggerated allegations are raised in an attempt to prevent a child’s relationship with the other parent. Without a statutory starting point, judges may need to navigate a complex landscape, carefully balancing the need to protect children from harm, with the importance of preserving meaningful parental relationships where it is safe to do so. 

Overall, the removal of the presumption of parental involvement represents a notable shift in the legal framework governing private law children cases, and one that practitioners and individuals navigating the family court process should be aware of.