Family Law in 2026: Repeal of the Presumption of Parental Involvement — What It Means for Parents and Children

The government has is proposing a significant shift in English family law, with a move away from the “presumption of parental involvement” in child arrangements cases. This proposed change, announced by the Ministry of Justice in late 2025, represents a fundamental switch in  how courts approach decisions about children’s lives following separation or divorce. In particular, the balance between a child knowing both parents, and addressing the impact of domestic abuse.

Under the current framework of the Children Act 1989, judges have traditionally worked on the basis that it is generally in a child’s best interests to have involvement with both parents after separation, absent evidence of harm. The proposed reform removes this starting assumption and directs courts to focus on individual welfare needs and safety factors, without a bias towards continued contact.

The law was changed in 2014 to specifcially include a presumption that both parents should be invovled in a childs life; the proposed changes will remove that presumption.

This change is rooted in concerns that the former presumption could, in some cases, expose children to unsafe environments — particularly where there is a history of domestic abuse or coercive control. The emphasis in future will be on assessing a child’s welfare on the facts and evidence of each case, rather than beginning from a default position of shared parental involvement.

In practical terms:

• Risk and safety assessments may become more common.
• Judges will scrutinise the quality of each parent’s engagement with the child, rather than starting from the assumption that contact is beneficial.
• Allegations of domestic abuse, substance misuse, or entrenched conflict will be condiered more carefully, along with the welfare checklist in Section 1 of the Children Act 1989.

A relevant illustration of the judiciary applying a welfare-first lens is seen in F v M [2025] EWFC 208. In that case, the family court varied a child arrangements order to transfer residence from the mother to the father, concluding it was the best outcome in terms of the children’s overall welfare. Decisions like this showhow courts continue to balance competing parental roles while, prioritising children’s needs above presumptions.

Practical Advice for Parents

For separating parents or those navigating existing proceedings, this means:

• Prepare evidence early. A stats quo with a safe, stable and positive home will be key.
• Address safety concerns head-on.
• Focus on the child’s needs. Courts will examine the unique circumstances of each child.