Overview
The government has recently announced plans to remove the legal presumption that a child benefits from the involvement of both parents. This proposed reform aims to strengthen child protection by ensuring that courts focus is on welfare and safety above all else, particularly in cases involving abuse or risk.

The Current Legal Position

Under the current law governing Child Arrangements (The Children Act 1989), the court begins with the presumption that a child has a right to a relationship with both parents and that this better promotes the overall welfare of the child. A presumption is a starting point for the court in reaching its decision. This may not be considered appropriate where there is evidence showing that such involvement would place the child at risk of harm.

Why is the law changing?

Research has suggested that the current presumption has contributed to a “pro-contact culture” in the family courts, where involvement from both parents has sometimes been encouraged even in cases with serious allegations of abuse or risk.

By removing the presumption, the courts will assess each case on its individual facts, focusing on what best supports the child’s welfare and safety, rather than starting from an automatic assumption that both parents should be involved.

What does this mean in practice?

If the reform goes ahead, courts will no longer begin from the default position that both parents should be involved. Instead, they will consider whether parental contact truly furthers the child’s welfare, based on the evidence and the specific risks or circumstances of the case.

This marks a significant policy shift. For many years, family courts have tended to promote parental contact unless clear harm was proven. The proposed change could therefore have a major impact on private children law cases, particularly where concerns about abuse or safety are raised.

What happens next?

No specific date has yet been set for the change, but the government has confirmed its intention to proceed with the reform when possible. Until then, courts will continue to apply the current presumption that a child benefits from a relationship with both parties.

How can we help?

If you are involved in, or anticipating, child arrangements proceedings, this development could affect how courts decide on contact and parental involvement in the future.

Our family law team can provide clear, practical advice on what this reform may mean for you and guide you through any current or future applications. If you wish to discuss your child arrangements, please do not hesitate to contact one of our dedicated family solicitors.