Presumption of parental involvement repeal returns to Parliament: what separating parents need to know

The government is proposing a significant change to the way family courts deal with child arrangements after separation. The law currently requires family courts to start from the assumption that a child is better off when each parent is involved in their life, unless that parent would put the child at risk of harm. The government plans to remove that presumption through the Courts and Tribunals Bill.

The Bill returns to the House of Commons for its next stage on 13 October 2026. If the change becomes law, courts considering a child arrangements order will start from a neutral position and decide each case on the facts, with the child’s welfare remaining the court’s first concern.

We understand that proposed changes to family law can raise questions and concerns for parents. This guide explains what might be changing, what it could mean in practice and what you can do now. If you are separating and need support, our family law team at Fosters Solicitors in Norwich is here to help.

What the presumption of parental involvement said

The presumption was added to the Children Act 1989 in 2014. Its aim was to help children keep a relationship with both parents after a separation. You can read the current wording in section 1 of the Children Act 1989 on legislation.gov.uk. In practice:

• It applied when parents disagreed in court about child arrangements, specific issues or prohibited steps, or about parental responsibility.
• It never meant equal time. Involvement could be direct, such as visits, or indirect, such as letters and video calls.
• It did not apply if there was evidence that a parent’s involvement would put the child at risk of harm.
• Even when it applied, it could be set aside if evidence showed that involvement would not be good for the child.

Why the government is repealing the presumption

In 2020, a Ministry of Justice expert panel raised concerns about the presumption. It found that a focus on securing contact could leave children and victims of domestic abuse at risk of further harm.

In October 2025, the Ministry of Justice published its Review of the Presumption of Parental Involvement. The review suggested the presumption may contribute to a culture of prioritising contact, even where there were concerns about domestic abuse. It also questioned whether enough weight was always given to a child’s individual needs and wishes, while noting that the available evidence was limited.

The government says removing the presumption will allow courts to take a more neutral, case-by-case approach when deciding what arrangements are in a child’s best interests.

Clause 17 of the Bill removes the presumption from the Children Act 1989. Supporters say the change will place greater emphasis on the evidence in each case, while some fathers’ groups argue the existing law already allows the presumption to be set aside where a child is at risk of harm.

The Courts and Tribunals Bill timeline

• 25 February 2026: the Bill was introduced in the House of Commons.
• 10 March 2026: second reading.
• 25 March to 28 April 2026: a committee of MPs looked at the Bill in detail.
• 14 May 2026: the Bill was carried over into the new session of Parliament.
• 13 October 2026: report stage and third reading in the House of Commons.
• Next: the House of Lords, Royal Assent and a start date.

How courts decide child arrangements

The main rule of family law in England and Wales stays the same. The child’s welfare is the court’s first concern. To decide what is best, the court uses a list of factors called the welfare checklist. This covers:

• What the child wants and how they feel, based on their age and understanding.
• Their physical, emotional and educational needs.
• How any change will affect them.
• Their age, sex, background and other relevant details.
• Any harm they have suffered or may suffer.
• How well each parent can meet their needs.
• The range of orders the court can make.

If domestic abuse is raised, the court must also follow a set of rules called Practice Direction 12J when it looks at risk.

What changes once the presumption goes

The repeal removes the starting assumption. It does not create a rule against contact. For example, say both parents have been part of a child’s daily routine and there are no safety concerns. The court may decide that regular time with each parent is right, which could include overnight stays. This will depend on the child’s own needs and circumstances. If domestic abuse or other risks are proven, the court may order supervised contact, indirect contact or, if considered in the child’s best interests, no contact at all.

Child focused courts and the former Pathfinder model

The Pathfinder pilot began in February 2022 in Dorset and North Wales. It later grew to 10 of the 43 family court areas. On 17 March 2026, the government said the approach, now called the Child Focused Model, will be rolled out across England and Wales over three years. £17 million in 2026/27 will pay for the next stage. The main features of the Child Focused Model are:

• A Child Impact Report early on. Cafcass, Cafcass Cymru or the local authority gathers information about the child’s life, wishes and any safety concerns. This may include information from the police and children’s services.
• Hearing from the child sooner. Children can share their wishes and feelings early in the case.
• Spotting risk earlier. Domestic abuse specialists work alongside the court.
• Fewer hearings. The aim is to settle cases with fewer trips to court.

Courts are joining in stages. Our team can tell you which process applies to families in Norwich and across Norfolk and Suffolk.

What separating parents should do now

Until the repeal comes into force, the presumption of parental involvement still applies. These steps will help:

• Keep the focus on your child. Keep adult arguments away from them.
• Try to agree arrangements outside court. Family mediation can help. In most cases, you must go to a Mediation Information and Assessment Meeting before you apply to court.
• Put safety first. If you or your child have experienced domestic abuse, tell your solicitor and the court early. You may not need to attend the mediation meeting in cases of domestic abuse or urgency.
• Keep clear, factual records of dates, missed handovers and messages.
• Get legal advice early. A solicitor can explain your options and help you prepare for child arrangements talks or court.

How Fosters Solicitors can help families in Norwich

Our family law solicitors in Norwich support parents through every stage of separation, from early advice to court. To speak to our team in confidence, please contact Fosters Solicitors.

Frequently asked questions

Has the presumption of parental involvement been removed yet?

Not yet. The Bill still needs to pass the House of Lords and receive Royal Assent. The Government will then set a start date. Until then, the presumption still applies.

Does the repeal mean a parent will lose contact with their child?

No. The repeal removes the court’s starting presumption. Each case will still be decided on what is best for the child.

Will the repeal affect my existing child arrangements order?

No. The repeal will not change or cancel existing orders. They stay in force unless the court changes or ends them, or you and the other party to the order have mutually agreed something different. If your situation has changed, a family law solicitor can tell you whether you need to ask the court to change your order.

What is a Child Impact Report?

It is a report written early in a case at a Child Focused Court. Cafcass, Cafcass Cymru or the local authority prepares it. It helps the court understand the child’s life, wishes and any safety concerns before it makes decisions.

This article was produced on the 19th October 2026 for information purposes only and should not be construed or relied upon as specific legal advice.