Child Welfare First: The Repeal of the Presumption of Parental Involvement

Did you know? Contact is no longer treated as a parental right. Courts must now assess whether contact is safe and, in the child’s, best interests.

On 22 October 2025, the Government announced the planned repeal of the presumption of parental involvement with their children under section 1(2A) of the Children Act 1989. Since 2014, courts have been required to presume that involvement of both parents in a child’s life would further the child’s welfare. That is now changing.

The Ministry of Justice’s Review found that this presumption was contributing to a “pro-contact culture,” with unsupervised contact remaining the most common outcome even in cases involving domestic abuse. This reform means:

• Contact will be assessed on evidence, not assumptions
• Allegations of harm and domestic abuse will be examined carefully
• Contact may be supervised, indirect (letters or telephone calls), or refused altogether, where necessary
• Each case will be decided using the welfare checklist
• Parental responsibility remains and all parents still have the right to apply for a Child Arrangements Order whether they have Parental Responsibility or not.

 

This does not mean contact will be refused In many families, courts will still conclude that children benefit from a relationship with both parents. But the child’s safety and wellbeing will always come first.

How can our Family Law team help? We advise parents and families on child arrangements, safeguarding concerns, domestic abuse cases, and applications for child arrangements orders. If any of the issues raised in this blog affect you or your family, contact us for a confidential initial conversation.

This blog is intended as a general overview and does not constitute legal advice. Please contact Family department at Adams Harrison for advice on how to navigate your divorce, children and finances