In specified circumstances, unless the contrary is shown, the Court will presume that parental involvement in a child’s life will further the child’s welfare.
This principle is enshrined in statute under section 11 of the Children and Families Act 2014 which amended section 1 of the Children Act 1989 by including a new subsection (2A).
How is the presumption of parental involvement applied by the Courts
The presumption of parental involvement in a child’s life applies when the Court is considering any of the following:
- Making, varying or discharging a section 8 order (and the proceedings are contested).
- Making or discharging a parental responsibility order (PR) in favour of a father or a second female parent.
The presumption of parental involvement applies to a parent of the child concerned. A parent can bring them self within section 1 (2A) and rely on the presumption if both of the following apply:
- He/she can be involved in the child’s life in a way that does not put the child at risk of suffering harm
- There is no evidence before the Court in the proceedings to suggest that involvement of that parent in the child’s life would put the child at risk of suffering harm, whatever the form of involvement.
The expectation is that a parent of the child will meet the criteria. However, this presumption can be displaced if there is “some evidence” that the parent’s involvement would put the child at risk of suffering harm.
In this case the Court will consider whether the identified risk can be addressed by more limited form of involvement such as supervised or indirect contact or the giving of an undertaking by the parent presenting the risk.
Step-parents or extended family members, even those with a Residence Order, cannot rely on the presumption. However, they may still be able to apply to the Court for permission to make an application for a Child Arrangements Order.
How Nelsons can help
If you would like further information about the presumption of parental involvement in Children Proceedings and whether or when this applies, it is important to take independent specialist legal advice.
Melanie Bridgen is a children law specialist adviser and is an accredited specialist and a member of the Law Society Children Panel, the Law Society Family Law Panel (Advanced) and Resolution. You can contact Melanie or another member of our expert Family Law team for advice on 0800 024 1976 or via our online form.