Government to Remove Parental Involvement Presumption in Family Law

Legally reviewed by: Emma Cordock Oct 2025 In: Child Care

Written by Emma Cordock, Director (Manchester and North of England) – Children Law, Cartwright King Solicitors

UK Government Plans Major Change to Family Law by removing the presumption of parental involvement in children’s lives.

The UK government announced on 22^nd October 2025 that it wants to change the law so that courts no longer automatically assume children should have contact with both parents. Instead, the focus will be on keeping children safe and making decisions based on what’s best for them

What Is the Current Law?

Right now, courts assume that having both parents involved is good for the child – unless there’s proof it could be harmful. This idea came from a 2014 update to the Children Act 1989 at 1(2A).

Key Points of the Reform

Child safety comes first: Courts will prioritise the child’s wellbeing over parents’ rights.
No automatic contact: Judges won’t start with the idea that both parents should be involved.
Case-by-case decisions: Each situation will be looked at individually, especially where abuse might be involved.
Use of the welfare checklist: Courts will still use the checklist from the Children Act 1989 to guide decisions, considering things like the child’s needs, wishes, and any history of harm or abuse.

Why Is This Change Happening?

Campaigners say the current law can put children and abuse survivors at risk.
Reviews found that courts sometimes followed the “presumption of contact” too strictly, even when it wasn’t safe.
Evidence shows many children were ordered to see parents who could harm them.