Government To Revoke The Presumption Of Parental Involvement: A Landmark Shift In Family Law

The Government has announced plans to revoke the presumption of parental involvement in family proceedings, a presumption which, until now, required Courts to begin from the position that a child benefits from involvement by both parents, unless evidence suggests otherwise.

This follows the findings of the Independent Review of the Presumption of Parental Involvement, published in October 2024, which concluded that the presumption has contributed to a “pro-contact culture” within the family justice system, sometimes at the expense of child safety and the protection of survivors of domestic abuse.

What the presumption meant

Under section 1(2A) of the Children Act 1989, the Court has been required to presume that a parent’s involvement furthers a child’s welfare, unless there is evidence that it would cause harm.

While well-intentioned, in practice, this principle has often been interpreted to mean that contact with both parents should be promoted wherever possible, even in cases involving coercive control, post-separation abuse, or safeguarding concerns.

Why it’s being repealed

The review found that the presumption had not achieved its intended balance between promoting positive parental involvement and protecting children from harm. Instead, it risked undermining Practice Direction 12J, which requires Courts to prioritise safety in cases involving domestic abuse.

The Government has now confirmed that it accepts the recommendation to remove the presumption, stating that legislative change will be introduced “when parliamentary time allows.”

What this means going forward

Once the presumption is repealed, Courts will no longer start from an assumption of benefit in both parents’ involvement.

Instead, every case will be determined on its individual facts, with the child’s welfare and any risk of harm as the primary consideration.

This shift has been widely welcomed by survivor advocates, legal practitioners, and organisations who have long warned that the presumption can perpetuate unsafe contact arrangements.

A step towards safer outcomes

This is a pivotal moment for family law.

By removing the presumption, the system moves closer to an approach that recognises the complex realities of domestic abuse and places child safety above all else.

At Nelsons, our team continues to represent parents and survivors navigating complex and sensitive family proceedings. If you need legal advice or representation in matters involving child arrangements, domestic abuse, or safeguarding, please contact our specialist family law team.