Intended Changes to the Presumption of Parental Contact | Kew Law
The UK Government is proposing to remove the long-standing presumption of parental involvement under the Children Act 1989, marking a significant shift in how family courts may approach child contact arrangements. While courts will continue to prioritise a child’s welfare using the established welfare checklist, the intended change aims to place greater emphasis on a child’s safety and wellbeing, particularly in cases involving domestic abuse.
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Under The Children Act 1989, there is a presumption, unless proven otherwise, that both parents should be involved in a child’s life. Having said this, following a recent campaign, this presumption could be overturned.
The Government now plans to repeal the presumption of parental involvement, although it is uncertain when changes will take place.
Currently, in Children Proceedings, the Court will consider the “welfare checklist” as set out in Section 1 of The Children Act 1989, when making an order in relation to a child. The factors include the true wishes and feelings of the child, the needs of the child, how capable the parents are at meeting the needs and any harm the child has or is likely to suffer from having contact with a parent. Despite these factors, parental involvement in a child’s life has continued, even in instances of domestic abuse. This is because of the presumption of parental involvement benefitting a child’s welfare. The aim of overturning the presumption is to protect families and children from an abusive parent.
It is hoped that this new intended approach will encourage the Courts to consider whether contact with both parents is in the child’s best interests, rather than presuming this is in the child’s benefit. It is anticipated that parents will have to show that their involvement in the child’s upbringing will benefit the child. It is hoped that the removal of the presumption will ensure that the family Courts ensure that the safety and wellbeing of children is the leading factor for decision-making.
Whilst it is unclear as to when this intended change will take place, it has been warmly welcomed by domestic abuse and children’s charities.
Frequently Asked Questions
What is the presumption of parental involvement?
The presumption of parental involvement is a legal principle under the Children Act 1989, which assumes that, unless there is evidence to the contrary, a child’s welfare is generally supported by having both parents involved in their upbringing.
Why is the Government proposing to remove this presumption?
The proposed change is intended to strengthen protections for children and families, particularly in cases involving domestic abuse, by ensuring that contact arrangements are assessed on the individual circumstances of each case rather than on a legal presumption.
Does this mean a parent will automatically lose contact with their child?
No. The proposed change would not automatically prevent a parent from having contact. The court would still consider what arrangement is in the child’s best interests based on the evidence available.
How will courts decide what is best for a child?
Courts will continue to apply the welfare checklist under the Children Act 1989, taking into account factors such as the child’s wishes and feelings, their emotional and physical needs, and any risk of harm.
How could this change affect cases involving domestic abuse?
The intention is to ensure that allegations or findings of domestic abuse are given appropriate consideration when determining whether parental involvement would benefit the child and safeguard their wellbeing.
Examples
Example A: History of coercive and controlling behaviour
One parent reports a history of coercive control during the relationship. The court must balance safeguarding concerns against the presumption of parental involvement. The parent seeking contact may need to provide stronger evidence that their involvement would positively contribute to the child’s welfare and would not expose the child or resident parent to further harm.
Example B: Long-term absence from the child’s life
A parent who has had little or no involvement for several years applies for contact. The court considers the child’s welfare but begins from the position that parental involvement is generally beneficial. Greater scrutiny may be given to whether introducing or reintroducing contact would provide a measurable benefit to the child.
Contact Kew Law today for advice from our Family Team on 0800 987 8156.
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