The government has announced plans to repeal the rule that courts should start from the assumption that a child benefits from having both parents involved in their life. This “presumption of parental involvement”, introduced in 2014, currently guides the courts when making child arrangements decisions.
Why is it being removed?
The decision follows concerns about how the presumption has been applied in cases involving domestic abuse. Reviews found inconsistent practice and, in some situations, contact was ordered even where there were serious safety concerns. Campaigners have called for a clearer focus on risk and child protection.
What will change?
If the presumption is repealed:
Courts will no longer begin with an automatic assumption about involvement from both parents.
Decisions will be based solely on what is in the child’s best interests.
Each case will be judged on its own facts rather than a default starting point.
However, this does not mean contact will be discouraged. Many children continue to thrive with meaningful relationships with both parents, where it is safe and appropriate.
What does this mean for families now?
The repeal will happen “when parliamentary time allows”, so the current law still applies. In practice, though, courts may already be influenced by the government’s direction.
For parents, the key message is this: the focus will remain firmly on what is safest and most beneficial for each individual child.
How mediation can help. With or without a legal presumption, cooperative planning and open communication between parents remain the most effective way to support your child through separation.