The UK government has announced a significant reform to the Children Act 1989: the planned repeal of the presumption of parental involvement. As a family lawyer, I believe this change marks a critical step forward in prioritising child safety and wellbeing in family court proceedings.
Understanding the Current Law
Under section 1(1) of the Children Act 1989, the court’s paramount consideration in any case involving a child is their welfare. This is known as the welfare principle.
However, section 1(2A) introduced a legal presumption that a child’s welfare is generally best served by having both parents involved in their life, unless there is evidence to the contrary. This was intended to promote shared parenting after separation, encouraging courts to begin with the assumption that ongoing involvement from both parents is usually beneficial.
Why the Presumption Has Been Problematic
In practice, this presumption has created challenges—particularly in cases involving domestic abuse or coercive control. Survivors and child welfare organisations have long argued that the rule can shift focus away from safety. Even where abuse has been alleged or proven, courts have sometimes felt compelled to maintain parental contact unless a high level of risk could be demonstrated.
The Ministry of Justice’s 2020 Harm Panel Report found that the current system often downplayed allegations of abuse and left some children at ongoing risk. This has led to survivors feeling unheard and unsupported, and children remaining vulnerable.
What’s Changing in the Children Act 1989
The proposed reform will repeal the presumption of parental involvement. Courts will no longer begin with the assumption that both parents should play an active role in a child’s life. Instead, judges will assess each case individually, guided solely by what is in the best interests of the child—and whether it is safe.
This change aligns with recommendations from the Harm Panel Report and reflects a growing recognition that child welfare must be assessed on a case-by-case basis, especially where abuse is a concern.
Why This Reform to the Children Act 1989 Matters
- It removes a legal bias that could overshadow serious safety concerns.
- It empowers judges to prioritise child protection without having to overcome a statutory presumption.
- It sends a clear message that safeguarding children is the foundation of family law—not shared parenting at all costs.
While the Children Act 1989 has always placed child welfare at its core, this reform strengthens that principle by removing a presumption that, in some cases, has undermined it.
Final Thoughts
This is a welcome and overdue change for survivors of domestic abuse and for professionals working to protect children. It restores judicial discretion and places safety and wellbeing at the heart of every decision.
If you’re affected by these changes or want to understand how they apply to your situation, our family law team is here to help. Simply call us on 0800 118 1500 or fill out an enquiry form below to tell us what’s going on and ask our team a question.
Disclaimer
This blog was written by Hayley Webb, a Chartered Legal Executive in our Family Team in Stourbridge. The contents of this blog, or any other published by Talbots Law, cannot be considered as legal advice so you should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.