Repeal of Presumption of Parental Involvement – “a victory for children’s rights, for survivors, and for justice”

On 22^nd October 2025, the Government announced their plan to repeal the presumption of parental involvement from the Children Act 1989.

The definition of “parental involvement” in the Children Act 1989 includes “any involvement of a parent in a child’s life, whether direct or indirect. Direct involvement might be supervised or supported, or unsupervised.

The decision to remove the presumption of parental involvement comes after the Government’s harm panel found in their Final Report in June 2020 titled Assessing Risk of Harm to Children and Parents in Private Law Children Cases, that such provision is not fit for purpose, and that this should be urgently reviewed. The 2020 report cited that the presumption reinforced a “pro-contact culture” and detracted from the court’s focus on the child’s individual welfare and safety. As such, children and victim parents were being left at risk or actually suffering significant harm. The 2020 report was the precursor to reviewing and repealing the presumption of parental involvement.

The Final Report published in October 2025 found evidence that although the Family Court always took a “no stone unturned” approach by promoting involvement of both parents in a child’s life after separation, this cannot be the only factor that should drive the decision of the Court when it comes to the child’s welfare, and such stance was not appropriate when a child was or is at risk. Decisions about a child’s welfare should be made on a case-by-case basis, including a deep understanding of the child’s emotional and physical wellbeing.

Although the current law includes safeguards to limit the involvement of a parent where it is detrimental to a child’s welfare, repealing the presumption of parental involvement is a monumental shift, placing the safety and wellbeing of children at forefront of every children law proceeding.

The link to the 2020 and 2025 report can be found here:

Indeed, this is an important step forward towards achieving a fair and proportional outcome for children and victim parents who are involved in an already stressful and challenging phase of their lives.

https://assets.publishing.service.gov.uk/media/5ef3dcade90e075c4e144bfd/assessing-risk-harm-children-parents-pl-childrens-cases-report_.pdf

https://assets.publishing.service.gov.uk/media/68f5f5c206e6515f7914c7e3/Review_of_the_Presumption_of_Parental_Involvement_Final_Report_.pdf

Contact Jefferies – expert solicitors offering clear, compassionate guidance every step of the way.