The Government have today, 22 October 2025, announced their plans to reform the Children Act 1989 and to remove the Presumption of Parental Involvement.
The Effect of the Presumption of Parental Involvement
The Presumption of Parental Involvement guided the Courts towards the assumption that it is in the best interest of a child to spend time with both parents unless there is a risk of harm. Although the Courts have the right to act against this assumption if the Court is faced with evidence of an abusive parent, the presumption has for many years acted as a backbone of judgements made in Children Act Proceedings.
The Ministry of Justice launched a review of this presumption in November 2020, following concerns coming to light that this presumption encourages a “pro-contact” approach to judgments even in situations where there is evidence of abuse or safeguarding concerns. The Review of the Presumption of Parental Involvement concluded that the Court’s do typically take an approach driven on the presumption of involvement of both parents in a child’s life following separation. The Review found that the most likely outcome in Children Act Proceedings saw both parents actively participating in a child’s life, even in cases where allegations of domestic abuse and harm were present, and that orders of the Court of no or limited involvement by one parent were minimal.
Since the tragic murder of her two children at the hands of her abusive ex-partner in October 2014, Claire Throssell, MBE and survivor ambassador of Women’s Aid, has determinedly campaigned for increased protection around children spending time with parents who are perpetrators of domestic abuse. She has expressed her dissatisfaction that for years, the UK Family Courts have maintained their position in favour of the “outdated presumption” that assumes contact with both parents reaps benefits for children.
What the Reform Means
The Government have now confirmed that this presumption will be withdrawn “when parliamentary time allows.”
Instead of the presumption acting as a starting point for UK courts, each case will be assessed on it’s individual facts.
Many campaigners view this removal of the Presumption of Parental Involvement as a starting point for Judges and Magistrates as a positive step, with hope that it will lead to a swifter implementation by UK Courts to remove contact with an abusive or allegedly abusive parent entirely or put in place barriers to any potential risk, such as by introducing indirect or supervised contact. The decision is being welcomed by many domestic abuse charities, who see the review as a positive recognition by the law that in certain circumstances, limiting or preventing contact with a parent may better serve the welfare of a child.