Parental Involvement Presumption Set to End
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Lee Henderson
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Government to scrap presumption of parental involvement in child arrangements cases
At Osbornes Law, the family team represents parents and children in all types of child arrangements disputes.
The legal presumption favouring both parents’ involvement in a child’s life is to be repealed, in the most radical change to family law in recent years.
The government announced its decision to remove the presumption following a lengthy review, which found that always prioritising parental contact can increase the risk of children being exposed to domestic and / or other types of abuse. It said there has been a high number of court orders for direct contact with parents who have caused harm, or pose a risk of harm, to the child.
Removing the presumption
The long-standing presumption, enshrined in section 1(2A) Children Act 1989, is that a parent’s involvement in their child’s life will further the child’s welfare. However, that presumption may be rebutted if there is evidence that a parent’s involvement will harm the child.
The government has concluded that these safeguards are insufficient, and that the presumption of parental involvement will be removed.
The announcement followed the Ministry of Justice’s Review of the presumption of parental contact which began in November 2020. A final report was published in October.
The authors of the report found that the most likely outcome in the cases it reviewed was some form of involvement between a child and both parents – generally unsupervised and face-to-face. This was true, even where there had been allegations of domestic abuse or harm.
There was also evidence that orders for direct involvement were being made where there was a high risk to children.
The report concluded that “system practice and the resulting court decisions could leave children at ongoing risk of harm”.
What does this mean?
We don’t yet know when the legislation will be amended but the government has said it intends to implement the change as soon as it can. Even with the change, the court will still be required to consider all the circumstances of the case, including the child’s wishes and feelings. However, the starting point will shift, requiring the court to ask itself: Should this parent be involved? rather than Why shouldn’t this parent be involved?
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
As the legal landscape around child arrangements undergoes significant reform, expert guidance is more important than ever. At Osbornes Law, our dedicated family team is at the forefront of these changes, representing both parents and children with care, clarity, and a deep understanding of the law. For expert support from experienced family and child arrangements solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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