The Repeal of the Presumption of Parental Involvement: A Landmark Shift in Children Law.
The Repeal of the Presumption of Parental Involvement: A Landmark Shift in Children Law.
The presumption of parental involvement was introduced in 2014, through amendments to the Children Act 1989, to help ensure children could maintain a relationship with their parents following separation.
Whilst the presumption did not guarantee equal contact, calls for reform grew amid concerns that it contributed to a culture in which maintaining parental contact was prioritised by the Court, at times insufficiently accounting for risks posed by factors such as domestic abuse.
Following a number of high-profile cases where children were exposed to harm under Court ordered arrangements, the Government has decided to repeal (i.e. remove) the legal presumption through the new Courts and Tribunals Bill, which is currently passing through Parliament.
Ultimately the reform represents a major shift in emphasis. The Family Court will no longer presume that parental involvement is inherently beneficial as a starting point. In the absence of the presumption, Judges must rely more heavily on the established welfare checklist (Section 1(3) Children Act 1989) which considers factors such as the child’s wishes, relationship with each parent and any history of risk of harm.
The new framework aims to ensure that decisions are grounded in evidence rather than assumption, placing the child’s welfare and safety at the centre of every decision. This shift complements another significant development in the family justice system, the Pathfinder project, which is being rolled out nationally over the next 3 years as the Child Focused Model (CFM) or Child Focused Court. The CFM turns the way that the Courts deal with children matters on its head, with Cafcass providing a detailed Child Impact Report at the beginning of proceedings instead of nearer to the end, ensuring the Court is equipped with more detailed information from professionals on the impact of the current dispute and circumstances on the child before any decisions are made.
The repeal of the presumption of parental involvement has sparked debate, with supporters arguing that it strengthens protection for children and survivors of domestic abuse, and critics warn that it may unfairly reduce the involvement of otherwise safe parents or lead to more false allegations and increased conflict in disputes.
If you would like advice around the arrangements for your children , please contact the Family Team at Hine Solicitors and one of our experts would be happy to support you.
