Repeal of parental involvement presumption: Putting children’s safety first

The Government has announced plans to repeal the presumption of parental involvement under section 1 of the Children Act 1989 – signalling a major change designed to protect children who are the subjects of the family courts from harm .

This will apply to cases where the courts are considering whether to make an order in respect of parental responsibility for a child, or to make, vary or discharge a child arrangements order under section 8 of the Act.

This announcement marks a significant step forward following the Government’s Review of the Presumption of Parental Involvement in 2020, which concluded that the existing system was not fit for purpose. The panel called for an “urgent” review to address serious shortcomings and ensure that children’s safety is prioritised.

The change also reflects the unwavering dedication of domestic abuse organisations and family lawyers who have long campaigned for the removal of this presumption to better protect both children and adult survivors of abuse.

Among the many voices driving this reform, Claire Throssell MBE, has played a particularly pivotal role. After the heartbreaking loss of her sons, Jack and Paul, to domestic abuse 11 years ago, Claire has worked tirelessly to advocate that children’s welfare, not parental rights, must remain at the centre of every decision.

What the change means for families

Under the current law, the court starts with the presumption under section 1(2A), (2B) and ( 6 ) of the Children Act 1989 that a parent’s involvement in a child’s life will further that child’s welfare, except where there is evidence that such involvement would place the child at risk of significant harm.

The term “involvement” refers to any form of direct or indirect contact such as telephone calls, cards or gifts. While the law allows for exceptions in cases involving abuse, the government’s review found that the presumption has often been interpreted too rigidly. This has, at times, resulted in unsafe contact arrangements for children who have witnessed abuse and for survivors of domestic abuse. The repeal will make clear that there is no automatic assumption that involvement in a child’s life is beneficial. Instead, judges will be required to consider every case on its individual facts, guided by a single principle: a child’s right to safety and wellbeing comes first.

While this announcement is undoubtedly a step in the right direction, it must be followed by greater recognition within the courts of the impact domestic abuse and coercive control have on relationships and children. It demonstrates a stronger commitment to placing a child’s welfare firmly at the centre of court proceedings and decision-making.

An overdue step in the right direction

This change is part of the government’s wider Plan for Change, which aims to put victims first and rebuild trust in the justice system. It reflects growing recognition that a long-standing “pro-contact” culture within the family courts has, in some cases, failed to protect children from further abuse.

The government has also confirmed plans to automatically limit the exercise of parental responsibility where an individual with parental responsibility has been convicted of a serious sexual offence against any child, or where a child has been conceived as a result of rape.

Case study: Real-life implications

Our Family Law team previously supported a mother whose partner had been convicted of sexual offences against children. Under the current law, the presumption that a father should have contact with his child still applied, despite the conviction. This understandably caused the mother significant distress.

If the presumption has been removed, the court could have considered an application under section 8 to restrict or limit parental responsibility, or it could have been automatically restricted. Instead, the father was permitted indirect contact with the child, a decision that was unavoidable under existing law but deeply upsetting for the family involved.

We therefore view these new measures as a long-overdue and crucial step towards building a safer, more balanced system that truly protects families.

Victoria Cannon, Partner and Head of Family Law, said:

“This is a landmark step in putting children’s safety at the heart of family law. The repeal sends a clear message that a child’s right to feel safe and secure must always come before a parent’s right to contact.”

There is no clear timeframe as to when this change will take effect. The Ministry of Justice has confirmed plans to legislate to repeal the presumption as soon as parliamentary time allows. We are hopeful this will be prioritised with the urgency it deserves.

What this means for our clients

For parents who have experienced domestic abuse, this announcement offers hope of a system that listens, believes, and prioritises safety above all else. It should also help relieve the anxiety many survivors feel about being forced into unsafe contact arrangements.

Our Family Law team has long advocated for a child-centred approach that balances parental rights with genuine safeguarding.

We believe in providing our clients with a holistic support network, where we connect clients not only with expert legal advice but also with trusted professionals in counselling, financial planning and coaching – because recovery from relationship breakdown is not just legal, it is emotional and practical too.

Standing up for children’s rights

This reform is a reminder of what family law should always be about: protecting children, supporting families, and ensuring that decisions around contact with children made by the courts reflects the risks and the need for safety and stability.

We are passionate about standing beside our clients and working with policymakers to ensure the family justice system continues to evolve in a way that truly protects children and supports survivors in rebuilding their lives with confidence.

Our Family Law team is dedicated to staying on top of the latest developments and making sure our clients are always informed about any changes that could affect their case.

We are dedicated to providing our clients with an empathetic and supportive service. Whether you need advice about parental responsibility, child contact, or protection measures, we will work sensitively to ensure that your child’s safety comes first.