When parents separate, the law requires the family courts to make decisions about where children live and how they spend time with each parent. For the past decade, those decisions have been guided by a statutory presumption — that it is in the best interests of most children to have some involvement from both parents.
This “presumption of parental involvement” was introduced into the Children Act 1989 in 2014, to emphasise the importance of maintaining a child’s relationship with both parents wherever safe and appropriate.
However, the Government has now announced that this presumption will be repealed. When Parliamentary time allows, the law will be amended so that courts will no longer begin from the assumption that contact with both parents is beneficial, but instead will look afresh at what arrangement truly promotes this child’s welfare and safety.
A Shift Back to the Child’s Perspective
From a child’s point of view, this is a significant and welcome development.
Children do not experience family separation in legal terms of “contact” or “parental rights” — they experience relationships, routines, safety, and emotional stability. The reform reminds us that children’s welfare is not an abstract principle but a lived experience: feeling safe, being heard, and being allowed to thrive without fear or conflict.
The change restores the primacy of the welfare principle — the golden thread of the 1989 Act — that the child’s welfare shall be the court’s paramount consideration.
Rather than beginning with what parents might want or feel entitled to, judges will look first at what this child needs, whether both parents can meet those needs, and how best to protect the child from harm, instability or ongoing conflict.
Why Change Was Needed
For many years, survivors of domestic abuse and children’s rights campaigners have argued that the presumption of contact created an unfair starting point — placing the burden on protective parents (usually mothers) and on children themselves to prove why contact would not be safe.
The new approach aims to address those concerns by ensuring that:
– Safety comes first. No child should be placed in harm’s way because of a legal assumption about what “normally” benefits children.
– Each case is individual. Courts will assess the evidence about the child’s particular circumstances, not rely on generalised ideas about two-parent involvement.
– Children’s voices are amplified. Greater weight will be given to the child’s wishes and feelings, consistent with their age and understanding.
– Parental behaviour matters. Parents seeking time with their children will be expected to demonstrate that their involvement promotes the child’s wellbeing and development, not merely that they have a right to be involved.
This is not about excluding parents or diminishing the role of fathers or mothers — it is about ensuring that parental involvement is earned through responsible, child-focused behaviour, not presumed.
What This Means in Practice
In practical terms, the family courts will no longer apply a “starting presumption” that contact with both parents is in the child’s best interests. Instead, judges will weigh all the factors in the welfare checklist under s 1(3) of the Children Act 1989, including:
– The child’s physical, emotional and educational needs;
– The likely effect on the child of any change in circumstances;
– Any harm the child has suffered or is at risk of suffering; and
– The capability of each parent to meet the child’s needs.
This more nuanced, evidence-driven approach reflects what good judges already strive to do — but removing the presumption will ensure that no child’s welfare is overridden by an assumption that both parents’ involvement is automatically positive.
A More Balanced System — But Not Without Challenges
From a child’s perspective, this reform promises a more balanced and protective legal landscape. Yet its success will depend on implementation.
Courts will need to be equipped and resourced to undertake proper risk assessments, understand patterns of coercive control, and listen carefully to children’s voices. Equally, professionals — from CAFCASS officers to mediators — must continue to promote safe, child-centred dialogue between parents wherever possible.
The risk, if misunderstood, is that the pendulum swings too far and that some children lose contact with loving parents unnecessarily. That outcome would serve no one’s interests. True balance means protecting children from harm while preserving meaningful, safe relationships wherever possible.
The Bigger Picture: Returning to the Spirit of 1989
The Children Act 1989 was revolutionary because it placed the child, not the parent, at the centre of the decision-making process.
The forthcoming repeal of the presumption of contact does not depart from that spirit — it restores it. It reaffirms that there are no parental rights in children law, only parental responsibilities and that the test remains what best serves the child’s welfare in the round.
This is an opportunity for everyone involved — lawyers, judges, mediators and parents — to re-focus on what matters most: helping children grow up feeling safe, heard and supported, whatever their family structure may be.
When Will the Change Happen?
The Government announced on 22 October 2025 that it intends to repeal the presumption of parental involvement “when Parliamentary time allows”. No commencement date has yet been fixed. Until then, the existing presumption remains in place.
Practitioners and parents alike should, however, begin to prepare for this cultural and legal shift — towards a system where the welfare and voice of the child are the true starting point, not parental entitlement.