On 22nd October 2025, the Government announced plans to amend the Children Act 1989 by removing the presumption of parental involvement.
In this article, trainee solicitor Leah McIntyre will explore what this means in practice and the positive impact this change will have on children during family proceedings.
Background
Introduced to create a clear framework for child protection, the Children’ Act 1989 is grounded in core principles such as prioritising children’s welfare, recognising parental responsibility, and supporting children within their family environments. It establishes that a child’s welfare must be the paramount consideration when decisions are being made regarding their upbringing, whilst fostering a ‘pro-contact’ approach in which it is presumed that it is in a child’s best interest to have contact with both parents.
The Act also places strict duties on local authorities to provide support for children in need and adhere to procedures detailed in the Act which dictate what must be done should a child be suspected of being at risk of significant harm.
Key changes
The Government have unveiled plans to remove the presumption in favour of parental involvement from the Act. This means that family courts will no longer work on the assumption that maintaining contact with both parents is in a child’s best interests. Instead, decisions regarding a child’s upbringing will be made on a case-by-case basis, taking into account all available evidence and the specific circumstances and needs of the child.
Why is this important?
Founded on the paramountcy that every child deserves to be safe, repealing this presumption will help further protect vulnerable children from the risk of significant harm by a parent. This change has been hailed by many as a pivotal moment and momentous shift in how domestic abuse is responded to and addressed within the family courts.
Awarding judges a higher degree of flexibility, they will now be able to make decisions that effectively safeguard and protect a child’s needs whilst no longer being restricted by having to assess matters through a ‘pro-contact’ lens.
Overall, the removal of the presumption of parental involvement represents a positive and necessary step towards enhancing child protection and reinforcing judicial discretion to ensure children’s voices are heard and their welfare protected.
For confidential, trusted advice about a family law matter, contact family@mincoffs.co.uk or speak to one of the team on 0191 281 6151.
