A Shift in Family Law: The Government Plans to Repeal the Presumption of Contact
On the 22nd October 2025, the Ministry of Justice announced their plan to repeal (or take out of law) the presumption of parental involvement from the Children Act 1989.
What is the Presumption of Contact?
The presumption of parental involvement, as currently set out in sections 1(2A), (2B), and (6) of the Children Act 1989 states that it is in the best interests of the child to maintain a relationship with both parents upon separation, unless there is evidence to suggest the involvement of a parent would put the child’s safety at risk or could cause the child harm.
The presumption is applied in private children law cases where the courts are considering making, varying or discharging child arrangement orders (such as who the child lives with or spends time with) under Section 8 of the Children Act 1989.
Currently, the presumption does not equate to a right to shared care or an equal division of time between parents. Instead, the court starts at the point that a child has a right to have both parents involved in their life in some way as long as that is safe. The court must weigh the presumption alongside other considerations under section 1 of the Children Act 1989, with the child’s welfare being the paramount (or overriding) consideration.
Why is the presumption of contact being repealed?
The announcement to repeal the presumption is following the publication of the “Assessing Risk of Harm to Children and Parents in Private Law Children Cases: Final Report” in June 2020, which highlighted concerns about the potential risks to children in private law proceedings and found that the presumption was implemented inconsistently and rarely disapplied in cases, leading to a ‘pro-contact culture’ that diverted the courts attention on individual child safety.
What will happen going forward?
The repeal will mean that the courts will no longer begin their deliberations with a presumption that parental involvement is beneficial and that each parent should be involved a child’s life. Instead, it will be replaced with a case-by-case assessment of the child’s best interests, and the courts will centre evidence along with the child’s voice and safety at the centre of each case to prioritise their wellbeing.
As it stands it is not known when the repeal of the presumption will be written into law. The repeal of the presumption of contact is to be presented to Parliament ‘as soon as parliamentary time allows.’ Which means that Parliament will debate the proposed change and, if successful, the new law will be implemented.
How we can help you
The proposed change in the law may leave a sense of uncertainty amongst parents and we understand that spending time with your child is of the upmost important. It is important to note that not all cases need to be determined by the courts, the court process is by no means an easy route; it is costly and stressful. Parents are always encouraged to agree arrangements between themselves wherever possible.
If you need assistance with agreeing arrangements then we can help with this, or if arrangements cannot be agreed we can assist with an application for a Child Arrangement Order and we will guide you through the court process.
For guidance on Child Arrangements Orders, or our family law services, please contact us on 01726 67660.
