El camino a seguir: Derogación de la presunción de contacto parental

What Is the Presumption of Parental Involvement Under the Children Act 1989?

Looking ahead the changes announced to the Family Justice system continue to be under watch. In October 2025, the government announced its intention to repeal the presumption of parental involvement from the Ley del menor de 1989 to emphasise child safety and wellbeing taking precedence over contact. The practical consequences of this change are yet to be seen, though the message that this announcement sends is, undoubtedly, of great importance.

Background: Presumption of Parental Involvement in Family Law

The Family Courts in England and Wales have, and currently, operate under presumption that favours both parents’ involvement in a child’s life (section 1(2A) Children Act 1989). On amendment of this legislation, the starting point for the Court will be to ask whether a parent should be involved, rather than working on the presumption that they should be unless established otherwise. This change will work to ensure that child safety remains the paramount consideration under the Act, where no principle of parental involvement will override child welfare.

The Children Act 1989 Explained

En Ley del menor de 1989 is the cornerstone of child law in England and Wales. Its overriding principle is that the child’s welfare is the court’s paramount consideration when making decisions about upbringing, living arrangements, and contact with parents.

Since 2014, the Act has included a statutory presumption of parental involvement, meaning that, unless the contrary is shown, a child’s welfare is presumed to be furthered by the involvement of both parents in their life. Importantly, “involvement” does not necessarily mean equal time or direct contact; it can include indirect contact such as letters or phone calls. The presumption applies only where involvement does not place the child at risk of harm.

The Act also requires courts to consider the welfare checklist, including the child’s wishes and feelings, emotional and educational needs, the likely effect of any change in circumstances, and any risk of harm. In principle, the presumption was intended to support children maintaining meaningful relationships with both parents, while still prioritising safety and wellbeing.

How Presumption Has Been Applied in Practice

In practice, the presumption of parental involvement has often carried significant weight in child arrangement proceedings. Courts have frequently started from the position that some form of contact with both parents is beneficial, even in cases involving allegations of domestic abuse, coercive control, or high parental conflict.

Critics argue that this approach has, at times, resulted in contact being promoted or enforced before risks are fully assessed, placing pressure on victims of abuse and, in some cases, on children themselves. Campaigners and professionals have raised concerns that the presumption can inadvertently shift focus away from the lived experiences of children and the protective parent.

This has led to controversy around whether the presumption has been applied too rigidly, rather than as a rebuttable starting point. The presumption can lead to the preservation of inappropriate relationships, heightening risk and reducing the notion that child welfare is the paramount consideration of the court. Reviews and inquiries have highlighted cases where safeguarding concerns were minimised in favour of maintaining parental contact, contributing to calls for reform and clearer guidance for the family courts.

Why Is the Government Repealing the Presumption of Parental Contact?

The government’s announcement came following a review by the Domestic Abuse Commissioners of the Family Courts in England & Wales which established that even in cases where abuse was evident, contact was often treated as the default rather than the exception as a number of court orders established direct contact with parents who had perpetrated abuse and posed a risk to the child(ren). Such circumstances can be extremely distressing for parents who are survivors of domestic abuse where findings of fact have been made following trial (known as a Fact-Finding Hearing).

Many have reported feeling pressured into accepting child arrangement orders which they consider unsafe, with arguments of ‘alienation’ being levelled against them, fearing worse outcomes if they resisted. Issues arise where there is a presumption that the involvement of both parents is beneficial and courts fail to properly assess allegations against that presumption. The proposed shift aims to address the nuances and dynamics of domestic abuse to prevent those parents and children who have suffered abuse being trapped in cycles of fear and compliance by their abusers, and, overall, prevent children from being placed in harmful situations. It therefore reduces the risk that any parent benefits from the presumption of contact where allegations of domestic abuse, violence or coercion exist.

Findings of the Domestic Abuse Commissioner Review

En Domestic Abuse Commissioner’s review of the family justice system highlighted systemic failings in how domestic abuse is identified, understood and accounted for in child arrangement cases — especially where the statutory presumption of parental involvement operates as a starting point. The issue begins where risk allegations are not properly assessed and response to harm is not effectively managed.  The Commissioner’s analysis found that domestic abuse is “everyday business” in family courts and that a deeply ingrained pro-contact culture has too often meant that allegations of abuse are minimised or side-lined when determining contact arrangements.

Key points from the review include:

• Domestic abuse features in a substantial majority of private law children cases, yet is not always treated as a central factor when assessing a child’s welfare.
• The existing presumption of parental involvement has been interpreted in many cases as a presumption in favour of contact, even where evidence suggests that contact may be unsafe.
• Courts have sometimes ordered unsupervised or direct contact despite the presence of abuse indicators, reflecting a culture that prioritises contact over safety.
• The Commissioner has called for reforms aimed at culture change, including specialist domestic abuse training for judges and court officers, improvements to training on the impact of abuse on children and adults, and greater transparency in decision-making.

The review’s findings were a significant catalyst for government action to repeal the presumption of parental involvement, seeking to ensure Family Court decisions place safety, harm reduction and child wellbeing at the centre of proceedings.

Focus on Child Safety and Wellbeing

One of the central shifts underpinning the move to repeal the presumption of parental involvement is a reframing of how the family justice system approaches risk, protection and the welfare of children. Rather than beginning from a position that a child should have involvement with both parents unless harm is shown, the emerging policy approach prioritises child safety and individualised assessment of risk as the core concern in every contact decision. The relevant question now becomes what the child needs in order to prioritise their wellbeing and cultivate safe, stable relationships.

This shift reflects growing recognition that:

• Child welfare and safety must be the paramount consideration, and that safeguarding must be fully integrated — not subsumed — within contact decisions.
• Courts should be guided to assess evidence of harm and the impact of domestic abuse on children on a case-by-case basis, rather than relying on a general starting presumption that involvement is beneficial.
• Understanding the voices, wishes and experiences of children themselves is essential in determining what arrangements are genuinely in their interests – the change considers the child’s perspective of the relevant relationships.
• By removing the statutory presumption, judges are expected to devote greater attention to safeguarding evidence, trauma-informed practice, and protection from both physical and non-physical abuse when making child arrangement decisions.

Overall, the reform agenda signals a more nuanced, evidence-based approach — one that resists one-size-fits-all presumptions about contact and places the safety and psychological wellbeing of the child at the forefront of legal decision-making. It ensures that the system identifies the risk and prioritises the safety and wellbeing of children.

The Impact of Forced Contact on Children’s Emotional and Psychological Wellbeing

The review notes where children are compelled to maintain relationships with parents who have perpetrated abuse, they often experience significant psychological strain. The emotional burden of maintaining a relationship with an abusive parent, can, for children, outweigh the presumption that contact with both parents is within their best interests. Ultimately, the government’s recent announcement confirms that the prioritisation of contact has, in effect, undermined the overarching aim of the Family Justice system – to assure the protection of children and keep them safe.

What Will Change in Child Arrangement Decisions If the Law Is Amended?

Whilst it is not known exactly when the legislation will be amended, the announcement is encouraging evidence of the government’s intention for the way forwards – to ensure the right to safety is at the heart of every decision made about each and every child so that safeguarding of their wellbeing is prioritised over the preservation of parental access. Change will not be immediate, and once actioned, embrace of the reform will be required by practitioners, the judiciary and Cafcass, to reign in the cultural shift intended.

In the meantime, it continues to be critical for parents to take legal advice in this changing landscape to ensure considered decisions are taken to protect their children whilst the presumption remains in place.

What’s Expected in Child Arrangement Decisions

If the presumption of parental involvement is repealed or substantially revised, child arrangement decisions are expected to place greater emphasis on individual assessment rather than legal starting points. Courts may move away from assuming involvement is beneficial and instead focus more explicitly on what arrangements best promote the child’s welfare in each specific case.

Decision-making is likely to involve earlier and more rigorous consideration of safeguarding concerns, including domestic abuse, coercive control, and the emotional impact of contact on children. The child’s voice and lived experience may carry increased weight, particularly where there is evidence of harm or fear.

While courts will still recognise the importance of positive parental relationships where safe and appropriate, the anticipated shift signals a more cautious and child-centred approach. The focus is expected to be on protective, evidence-based outcomes, rather than meeting a presumption of contact for its own sake.

If the presumption of parental involvement is repealed or substantially revised, child arrangement decisions are expected to place greater emphasis on individual assessment rather than legal starting points. Courts may move away from assuming involvement is beneficial and instead focus more explicitly on what arrangements best promote the child’s welfare in each specific case.

Decision-making is likely to involve earlier and more rigorous consideration of safeguarding concerns, including domestic abuse, coercive control, and the emotional impact of contact on children. The child’s voice and lived experience may carry increased weight, particularly where there is evidence of harm or fear.

While courts will still recognise the importance of positive parental relationships where safe and appropriate, the anticipated shift signals a more cautious and child-centred approach. The focus is expected to be on protective, evidence-based outcomes, rather than meeting a presumption of contact for its own sake. This ensures that the child’s welfare remains the paramount consideration for courts and reduces the risk that harmful relationships are preserved only to meet the legislative presumption.

Get in touch with our Children and Domestic Abuse Solicitors in London and Brighton

Here at Goodman Ray our team is to committed to providing clear and considered guidance to parents to enable them navigate their way through Court proceedings to secure the best outcome for their children. If you are looking for help, please contact our Children and Domestic Abuse Team.

Here at Goodman Ray our team is to committed to providing clear and considered guidance to parents to enable them to navigate their way through Court proceedings to secure the best outcome for their children. If you are looking for help, please contact our Children and Domestic Abuse Team.

Presumption of Parental Contact FAQs

Póngase en contacto con nosotros

Si tiene alguna pregunta o desea obtener asesoramiento jurídico sobre cualquiera de los temas planteados anteriormente, no dude en ponerse en contacto con nosotros.

Llámanos al 020 7608 1227

EMAIL US NOW