On 21st October 2025, Government announced its plan to repeal the presumption of parental involvement from the Children Act.
The commonly termed ‘presumption of parental involvement’ under s1(2A) Children Act 1989 provides that when making, varying, or discharging a section 8 order (or certain orders granting parental responsibility) a court shall “presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare.”
A press release on 22nd October reports:
The repeal is founded on the clear principle that every child deserves to be safe – yet new evidence published today shows that assuming it’s always in the best interest of a child to have the involvement of both parents can perpetuate abuse.
Although the current law includes safeguards to restrict involvement where it’s detrimental to a child’s welfare, removing this law sends a clear signal that the Government is placing the wellbeing and safety of children at the forefront of decision making.
The Government’s announcement follows the publication of the final report in the Ministry of Justice’s ‘Review of the Presumption of Parental Involvement’. The final report and accompanying research reports are available here.
Justice Minister, Baroness Levitt KC, said:
“The horrors of domestic abuse can scar a child for life. It is apparent from our research that the presumption of parental involvement can, in some cases, lead to contact being ordered even in cases where there has been domestic abuse. Our priority must always be children’s welfare. Being a parent is a privilege not a right: the only right which matters is a child’s right to safety and this government is determined to ensure that that is at the heart of every decision made about each and every child.
Repealing the presumption is a key part of our package of family court reforms which will protect children”
Deputy Prime Minister, David Lammy, said:
“Every decision I make in the justice system will prioritise children’s safety, their wellbeing, and their right to grow up free from harm.
…
This reform is part of our broader Plan for Change – our mission to break down barriers to opportunity and give every child the best start in life. We are rebuilding trust in our justice system by putting victims first and ensuring that the protection of children is never compromised.”
Claire Throssell, MBE, survivor ambassador of Women’s Aid, comments:
“For almost a decade, Women’s Aid and I have worked together, campaigning to change the family courts and improve laws, to ensure that children at risk of further harm from abusive parents have a brighter, safer future, free from fear and oppression. Every child deserves to be heard, seen, supported, and believed; to have a childhood and to live.
Successive governments have failed to protect children, standing by an outdated presumption that it is in a child’s best interests to have contact with both their parents, even when there have been allegations of domestic abuse. We have campaigned tirelessly to have this presumption removed from the family law and practice, because until this narrative changes, more children, like Jack and Paul, will continue to die.
Although today’s announcement can never bring back Jack and Paul it will give children further protection against preventable harm in their lives. No child should have to hold out a hand for help in darkness to a stranger and say that they have been hurt by someone who should love and protect them most. No parents should have to hold their children as they die, from the abuse of a perpetrator, as I did a decade ago.”
Read the full press release here.
Original reporting by Family Law Week