On 22 October 2025, the government announced a significant reform to family law: the repeal of the presumption of parental involvement under section 1(2A) of the Children Act 1989, a provision introduced by the Children and Families Act 2014. This change marks a pivotal moment in the evolution of private family law, particularly in how the courts approach child arrangements orders under section 8 of the Children Act 1989.
What was the presumption?
The presumption of parental involvement was inserted into the Children Act in 2014 and required Courts to presume, that the involvement of both parents in a child’s life would further the child’s welfare, unless the contrary was shown. “Involvement” was defined broadly to include both direct and indirect contact, without specifying the nature or extent of that involvement.
While the overarching principle of the Children Act remains that the child’s welfare is paramount, the resumption was intended to reinforce the importance of both parents playing a role in a child’s upbringing particularly in the context of increasing concerns about non-resident parents being excluded from their children’s lives post-separation.
Why is it being repealed?
The repeal follows a comprehensive review by the Ministry of Justice prompted by the Harm Panel Report published in 2020. This raised serious concerns about how the family justice system handles allegations of domestic abuse in proceedings relating to the arrangements for children.
The Report found that the presumption was being applied inconsistently throughout the justice system and that even in cases where there had been serious allegations of domestic abuse, orders were being made for contact to take place with an abusive parent, sometimes at the expense of the child’s safety.
The campaign to repeal the presumption was led by Claire Throssell MBE whose sons were tragically killed by their father during court-ordered contact, despite her warnings about his abusive behaviour.
What does the repeal mean in practice?
The repeal does not mean that parental involvement will be discouraged, rather it removes the automatic starting point that such involvement is presumed to be beneficial to a child’s welfare. Courts will now be required to assess each case on its own individual merits, guided solely by the welfare checklist which is set out in section 1(3) of the Children Act 1989. This enables judges to focus more clearly on risk and harm in cases involving domestic abuse, avoid defaulting to contact arrangements that may not be in a child’s best interests and make child-centred decisions without the constraint of a statutory presumption.
When will the presumption be repealed?
The government intends to repeal the presumption “when parliamentary time allows”.
Until the relevant section of the Children Act 1989 has been formally repealed through legislation, the presumption remains in force, although Courts may be increasingly influenced by the government’s stance and the findings of the review.
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Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
