Intended Changes to the Presumption of Parental Contact | Kew Law

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 warmly welcomed by domestic abuse and children’s charities.

Contact Kew Law today for advice from our Family Team.