When parents separate, one of the most sensitive and emotive questions is how their children will spend time with each parent.

Now, a major shift in family law is on the horizon. Following a Government review, the presumption of parental involvement, the legal starting point that both parents should be involved in a child’s life, is set to be removed from the Children Act 1989.

Here’s what this change means for families navigating separation and the family courts.

What is the presumption of parental involvement?

Currently, under the resumption, courts should assume a child’s welfare is best promoted when both parents are involved in their life, unless there is evidence to the contrary.

In practice, this meant that Judges would usually start from the position that a child should spend time with both parents — whether that involvement was direct (for example, face-to-face contact or overnight stays) or indirect, such as telephone or video calls, cards, letters, or gifts.

Importantly, the presumption could always be rebutted if there was evidence that a parent’s involvement would not further the child’s welfare, such as in cases involving domestic abuse or risk of harm.

Why is the law changing?

The Review of the Presumption of Parental Involvement, published in October 2025, found that while many children benefit from having meaningful relationships with both parents, the presumption has sometimes led to “contact at all costs”, even in cases where there were significant risks of harm.

The Review concluded that courts should no longer begin with an assumption of parental involvement. Instead, decisions should be made solely on what is safe and in the best interests of the individual child.

This change will put the child’s welfare at the centre of every decision, with a renewed emphasis on safety, wellbeing, and individual circumstances.

In essence, the reform shifts the focus from parental rights to child safety and welfare.

What will change?

The Government has confirmed its intention to remove the presumption from the Children Act 1989.

This does not mean that children will stop having contact with both parents. Rather, it means that the court will no longer automatically assume that such contact is beneficial.

Under the new approach:

· Each case will be considered individually, guided by the welfare checklist in the Children Act.

· Parental involvement will still be encouraged where it is safe, positive, and in the child’s best interests.

· The court will continue to assess evidence carefully, ensuring that any form of contact genuinely supports the child’s welfare.

· Children’s safety and voices will be prioritised throughout proceedings.

What does this mean for parents?

If you are going through separation, this change means:

· Child welfare comes first — courts will prioritise what is genuinely best for your child, not a presumption.

· Evidence matters — demonstrating safe, supportive, and consistent parenting will be crucial.

· Safety concerns will be taken seriously — particularly where there are allegations of domestic abuse or coercive control or risk of harm.

· Children’s views will carry more weight — judges are expected to listen carefully to what children say about their own experiences and wishes.

Decisions will be based on the specific needs and safety of each child, rather than a one-size-fits-all approach.

This development reflects a broader cultural shift in family law. For many years, the courts have been seen as operating within a “pro-contact culture”. Removing the presumption allows the system to refocus on child welfare above all else, ensuring that safety, stability, and wellbeing remain the guiding principles in every case.

Next steps

Legislation to remove the presumption will be introduced in the future, when parliament time allows to do so. In the meantime, the existing legal principles remain in place, and courts will continue to make decisions based on the welfare of the child and the evidence before them.

How we can help

At Berry Smith, our experienced Family Law team are here to support parents through every stage of separation and child arrangements. If you would like to discuss anything in the article or child arrangements inn general please speak to one of our family law specialists and contact us on 01656 645525 or email family@berrysmith.com.