Removal of presumption of parental involvement marks a major shift in child contact cases

For many years, family judges in England and Wales have used the presumption of parental involvement. This rule in the Children Act says that, in most cases, a child benefits when both parents are involved in their life.

That involvement can take many forms. It might mean regular time with the child, indirect contact such as letters or messages, or supervised visits at a contact centre. The court has started from this presumption unless there was clear evidence that involvement could put the child at risk of harm.

The government now plans to remove the presumption of parental involvement from the law. The aim is to put children’s welfare and safety at the centre of every decision. This change is particularly important in cases involving domestic abuse or other serious harm.

It follows long-standing concerns from an expert panel set up by the Ministry of Justice in 2020. The panel found that the presumption of parental involvement could sometimes downplay the impact of abuse. It recommended that the law be reviewed so that judges felt fully able to prioritise safety.

Alongside this, the Ministry of Justice has backed changes to the Victims and Courts Bill. These amendments would restrict parental responsibility where a parent is convicted of certain serious sexual offences against a child. They would also apply where a child is conceived through rape.

Together, these steps mark a significant shift in how the Family Court will look at child contact. Instead of starting from a general presumption of parental involvement, judges will focus first on risk, safety and the needs of the individual child.

You can read more about government action to protect children from abusive parents here.