Government to Repeal Presumption of Parental Involvement in the Children Act

The Government has announced plans to repeal the presumption of parental involvement in a child’s life, currently set out in sections 1(2A) and (2B) of the Children Act 1989.

The existing presumption states that, unless proven otherwise, a child’s welfare is best served by both parents being involved in their life. However, this principle has come under increasing scrutiny in recent years. In some cases, prioritising parental contact has been found to come at the expense of victims (including children) of domestic abuse, where contact has been used as a means to continue exerting control, harassment or emotional harm. There have also been tragic cases in which children have suffered further abuse and been killed while in the care of an abusive parent.

A recent Government review of the presumption of parental involvement concluded that, in practice, the current approach can sometimes undermine the safety and well-being of victims and children. The decision to repeal the presumption is therefore a significant shift in family law policy, one that aims to ensure that a child’s welfare and safety are placed above all else in decisions about contact and parental involvement.

In addition, the Government has announced plans to automatically restrict the exercise of parental responsibility in cases where a parent has been convicted of a serious sexual offence against a child or where a child is born as a result of rape. These measures form part of the Government’s wider strategy to halve violence against women and girls within a decade and to make the family justice system more responsive to the realities faced by survivors of abuse.

At Dean Wilson, our Family Law team provides expert advice on all aspects of Child Arrangements, parental responsibility and applications before the Family Court. If you need guidance on how these proposed changes might affect your situation, or support in navigating child arrangement issues, please get in touch with our experienced solicitors for clear and confidential advice.

Contact our Family Law team today to discuss your circumstances and how we can help.