Government Announces Changes to Presumption of Contact

In October 2025, the government said it would remove the presumption of parental involvement from the Children Act 1989.

What the law currently says

When parties are unable to make decisions concerning their children themselves, as a last resort, some parents seek the support of the Courts to facilitate reaching an agreement. The Court’s paramount consideration is the welfare of the child, and the current law includes safeguards to restrict involvement when it’s detrimental to a child’s welfare.

‘The Ministry of Justice: Review of the Presumption of Parental Involvement’ report reiterates that the Children Act 1989 currently provides that the Courts must presume that, unless the contrary is shown, the involvement of a parent in a child’s life will further that child’s welfare.

This means that the Court will always encourage contact with both parents unless there is a risk of harm, as evidence indicates that, where there is no risk of harm to the child, involvement of both parents generally has a positive impact on the child's welfare.

Why is it being changed?

The Ministry of Justice has said that new evidence shows that assuming it is always best for a child to have both parents involved in their life can perpetuate abuse. The change results from Claire Throssell's campaigning after her partner father killed her children.

What would the changes mean?

The changes mean that the Court will make a more detailed assessment as to the actions and conduct of a parent. They will focus on what is in the best interests of that specific child, rather than relying on the presumption that both parents’ involvement in the child’s life will further that child’s welfare. 

If a parent is thought to be a threat to their child’s safety, involvement in their child's life can be restricted with the Court's involvement. For example, this could be through ordering supervised contact, or no contact at all. This will provide the child with a necessary layer of protection for their safety and overall well-being.

My opinion on the change

I think this change is positive and necessary. Whilst it is undeniable that having both parents involved in a child’s life is preferable, the most important thing is to ensure the child has the best possible start in life.

If there is an allegation of abuse against a parent, or there is any concerning information brought to the Court’s attention, it is paramount to ensure that any long-term decisions reflect what is beneficial to the child and their long-term development. No child should have to risk suffering abuse by an abuser, just because they are their biological parent.

Careful consideration needs to be made on a case-by-case basis, rather than assuming that it is always in the child’s best interest to have involvement of both parents.

It is currently not known when the law will change. The government has announced that it intends to repeal the presumption of parental involvement “when parliamentary time allows.”

Contact Holden Smith

The family law team at Holden Smith can help you and your family with issues about children. This includes parental responsibility, domestic abuse, and access to children. You can reach our team by calling one of our offices. You can also fill out our online form to request a callback.