“A privilege not a right”: LGFL’s balanced assessment of the repeal of presumption of parental involvement

Do both parents have an automatic right to be involved in their children’s lives after separation? The Government has announced plans to remove (repeal) the presumption of parental involvement in England and Wales. This currently places a high priority on maintaining the rights of parents to be involved in their children’s lives.

Upholding the key priority of co-parenting rights has profoundly shaped child arrangements made by courts for the past 10 years, but not always for the better. Campaigners have long been concerned that strict adherence could lead to decisions that place parental contact above the safety of the child, particularly in cases involving domestic abuse.

Farah Nazeer, CEO of Women’s Aid, said in an article in The Guardian:

“This presumption of parental involvement has plagued survivors for decades, to a point where often women will choose not to leave a perpetrator because they know a court will be governed by this sort of legislation, convention or culture of the presumption of parental contact being a good thing, rather than actually centring the child’s safety and voice.” (5)

Changing that presumption has been welcomed by those who have seen the effects of the so-called “pro-contact culture”. In the past, this presumption has led in some cases to family courts putting the right of abusive parents above the safety and wellbeing of their children.

However, there is also the counter argument that repealing this right may swing decisions from presumed automatic involvement to (potentially) presumed zero involvement. Repealing the automatic right could undermine the importance of both parents being involved in their child’s life, and make it more difficult for co-parents to agree to balanced child agreements.

Professor Ben Hine, Professor of Applied Psychology, University of West London, sees an inherent contradiction.

“On the face of it, the Government is trying to hold two opposing positions at the same time which does not work. On the one hand they say involving both parents in the life of a child is positive but then on the other hand, they are removing it from the law.” (7)

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Presumption of involvement and the Children Act amendment 2014

The presumption of parental involvement is part of the Children Act 1989, but was only added to the legislation in 2014. Section 1 of the Act states that:

“A court (is) … to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare …(and) …“involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child's time.” (4)

There are safeguards already in place that aim to prevent putting children in harm’s way. The Children Act 2014 presumption sits alongside two, sometimes conflicting, guiding principles for courts and judges:

The court’s need to apply the “welfare principle”. This puts the child’s welfare as the top consideration in any child arrangement decision.
Examples in case law (real court cases) that have pressured judges to consider every alternative before making an order to deny access to one parent.

A final example of how firmly entrenched this presumption has become is that any decision that states parental involvement is not in the child’s best interests is currently ruled as an “exception”.

The Harm Panel reports

In the face of criticism, in 2019 the Ministry of Justice asked for evidence from those affected, and subsequently formed the Harm Panel to produce a report, “Assessing Risk of Harm to Children and Parents in Private Law Children Cases”.(3)

In the light of that report’s findings, the government undertook its own formal review, resulting in the “Review of the presumption of parental contact: final report”(2). This recommended removing the 2014 presumption statement from the Act.

According to a press release from the Ministry of Justice, the review provided:

“New evidence (showed) that assuming it’s always in the best interest of a child to have the involvement of both parents can perpetuate abuse. Although the current law includes safeguards to restrict involvement where it’s detrimental to a child’s welfare, removing this law sends a clear signal that the Government is placing the wellbeing and safety of children at the forefront of decision making.” (1)

Reaction from campaigners

Campaigner Claire Throssell MBE, whose two sons Jack and Paul were killed by their abusive father, saw the removal of presumption as a major step forward:

“This will give children further protection against preventable harm in their lives. No child should have to hold out a hand for help in darkness to a stranger and say that they have been hurt by someone who should love and protect them most.” (1)

Justice Minister, Baroness Levitt KC, said:

“Being a parent is a privilege not a right: the only right which matters is a child’s right to safety and this government is determined to ensure that that is at the heart of every decision made about each and every child … Repealing the presumption is a key part of our package of family court reforms which will protect children.” (6)

Dame Nicole Jacobs, the domestic abuse commissioner, commented:

“Every day I hear from survivors who have been failed by the family justice system – where many have been forced to watch as their children are silenced and decisions are taken that directly put them in harm’s way. This announcement … will ensure that the courts place the safety and wellbeing of children above all else.” (5)

In contrast, the ManKind Initiative domestic abuse charity for men saw the removal as potentially detrimental to successful co-parenting after separation:

“The presumption of involvement provided a framework for parents to start the conversation about child arrangements after they split up … Now this will be removed, there is a live risk that more parents whose separation is filled with rancour will likely to go straight to the family courts for a final decision on child contact. This increases the risk that some parents may try and cut the other parent out of contact altogether. This leads to even more distress, cost and hostility – none of which is the interests of the children.” (7)

When is this repeal happening?

The wheels of government grind slow on this one, and the presumption will be repealed “when parliamentary time allows”. Watch this space.

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About the author

Rita Gupta is Co-founder and Managing Director of family law firm LGFL Ltd, serving family law for clients in the Reading and Thames Valley area, across the UK and for international clients involved in UK divorce cases. She has featured as a family law expert on national TV and radio, including BBC Radio 5 Live with Nicky Campbell, LBC, GB News with Darren McCaffrey and local TV and radio.

Legal 500 Recommended Lawyer
Listed in Chambers and Partners
Listed Leading Lawyer at Wiselaw
Member of Resolution

SOURCES:

(1) Ministry of Justice, Levitt, B., & Lammy, D. (2025, October 22). Government action to protect children from abusive parents [Press release]. GOV.UK https://www.gov.uk/government/news/government-action-to-protect-children-from-abusive-parents

(2) Ministry of Justice. (2025, October 22). Review of the presumption of parental involvement: Final report. https://assets.publishing.service.gov.uk/media/68f5f5c206e6515f7914c7e3/Review_of_the_Presumption_of_Parental_Involvement_Final_Report_.pdf

(3) Hunter, R., Burton, M., & Trinder, L. (2020, June). Assessing risk of harm to children and parents in private law children cases: Final report. Ministry of Justice. https://assets.publishing.service.gov.uk/media/5ef3dcade90e075c4e144bfd/assessing-risk-harm-children-parents-pl-childrens-cases-report_.pdf

(4) Children and Families Act 2014, c. 6, Part 2, § 11 (U.K) https://www.legislation.gov.uk/ukpga/2014/6/section/11

(5) Al-Othman, H. (2025, October 21). Family law shift hailed as victory for children facing domestic abuse. The Guardian. https://www.theguardian.com/uk-news/2025/oct/21/family-law-shift-hailed-as-victory-for-children-facing-domestic-abuse

(6) Local Government Lawyer. (2025, October 22). Government proposes to repeal presumption of parental involvement from Children Act 1989. Local Government Lawyer. https://www.localgovernmentlawyer.co.uk/child-protection/392-children-protection-news/62593-government-proposes-to-repeal-presumption-of-parental-involvement-from-children-act-1989

(7) Mankind Initiative. (2025, October 28). Male domestic abuse charity raises concern about government decision to remove the presumption of parental involvement [Press release] https://mankind.org.uk/media/presumption/