Government plans to remove presumption of parental involvement in child contact cases

The UK Government has announced plans to remove the legal presumption of parental involvement in child contact cases, a move described by campaigners as “momentous”. But what does this change mean in practice for parents, children and practitioners across England and Wales?

The current legal position under the Children Act 1989

The Children Act 1989 (as amended) governs most applications to the Family Court concerning the welfare of children.

When parents separate, they are encouraged to agree on how their child or children will share their time between them. Where agreement cannot be reached, the court must intervene.

At present, the law includes a presumption that a child’s welfare is best served by the involvement of both parents, unless there is evidence to the contrary. This presumption recognises the importance of children maintaining an ongoing relationship with both parents following separation, provided that it is safe and in their best interests.

The proposed change to the law

The Government’s Harm Panel recommended an urgent review of this presumption in 2020 following a number of high-profile cases in which children or mothers suffered serious harm at the hands of fathers. In response, the Government has confirmed that the Ministry of Justice intends to introduce legislation to repeal the presumption of parental involvement when Parliamentary time allows.

In addition, the Government plans to automatically restrict parental rights where a parent has been convicted of a serious sexual offence against any child, or where a child is born as a result of rape.

According to the official announcement, the reforms are designed to ensure that child safety and welfare are placed at the heart of every court decision.

Reaction to the proposed reform

The charity Women’s Aid has welcomed the proposal, describing it as a significant shift away from a “pro-contact culture” that has often prioritised the rights of abusive parents over the safety and wellbeing of children.

Deputy Prime Minister David Lammy called the reforms a “crucial step in restoring faith in the justice system.”

Minister for Victims and Tackling Violence Against Women and Girls, Ms Davies-Jones, stated:

“These reforms will shield both mothers and children from the heinous actions of predatory parents as part of our mission to halve violence against women and girls in a decade under our Plan for Change.”

What this means in practice

It is important to note that the existing law does not require abusive parents to have contact with their children. The presumption is only a starting point and can be displaced where evidence shows that contact would place the child or parent at risk.

At its core, the current legislation already prioritises the welfare and safety of children. The real challenge lies not necessarily in the law itself, but in its application, in the training of professionals involved in the family justice system, and in the resources available to support children and parents through the process.

A change in the law alone will not solve these issues. It will not, for example:

• Provide additional funding for police or courts
• Offer extra protection for victims of abuse
• Support mothers and children facing immediate danger
• Help fathers wrongly accused of abuse who are prevented from seeing their children

What is needed is a joined-up approach with proper resources, specialist training, early legal advice and accessible support services. Only then can the courts make well-informed decisions that truly protect children while allowing safe relationships with both parents where appropriate.

A balanced way forward

At Geldards LLP, we recognise that law reform must go hand in hand with investment in family justice resources, training and community support. Announcing a legal change is not, in itself, a complete solution. What will make the difference is ensuring that the courts, police and child protection professionals have the funding and expertise to assess risk accurately and make child-centred decisions.

Ultimately, the safety and welfare of children must always come first.

This reform, if implemented effectively, could help move towards that goal, but it will need more than legislation to deliver real protection for families across England and Wales.

For further advice on how the proposed repeal of the presumption of parental involvement may affect your family law case, please contact the Family Law team at Geldards LLP. Our solicitors advise parents, carers and guardians across England and Wales on all aspects of child arrangements, safeguarding and domestic abuse.