The End of the Presumption of Parental Involvement: What It Means for Parents

A Major Shift in Family Law: The End of the ‘Presumption of Parental Involvement’

The Government has confirmed a significant change to children law in England and Wales: the removal of the legal presumption that parental involvement is generally beneficial.

This reform aims to strengthen child protection in cases where domestic abuse, coercive control or safeguarding concerns are present.

As children law specialists, Prime Legal Solicitors is closely monitoring this development to ensure parents understand how it may affect child arrangements and court proceedings.

What Was the Presumption of Parental Involvement?

Introduced in 2014, the presumption meant that the Family Court should start from the position that it is usually beneficial for a child to have involvement with both parents, unless there was evidence of harm or risk.

It did not create an automatic right to 50/50 care or equal time. However, it influenced decision-making by creating a starting point that both parents should be involved.

Why Is the Presumption Being Removed?

Evidence gathered from survivors, safeguarding experts, family lawyers and professionals highlighted that the presumption has, in some cases:

• Pressured courts into maintaining contact even where unsafe
• Minimized or overlooked coercive control and non-physical abuse
• Prioritised parental involvement over children’s emotional and psychological safety

In other words, the “starting point” was creating risk for some children.

The law is shifting to ensure children’s safety comes before parental involvement — every time, without exception.

What Is Changing?

The reform does not remove the idea that relationships with both parents can be positive — it removes the automatic assumption that this is the starting point in every case.

The key change is cultural as well as legal:

Previously:
Courts began with the view that involvement from both parents is beneficial, and then worked backwards if concerns were raised.

Now:
Courts will begin from a neutral position and consider involvement only once safety and welfare have been assessed.

This allows:

• A more trauma-informed, child-centred approach
• Earlier and more thorough assessment of risk
• Greater recognition of emotional harm and coercive control
• Decisions tailored to the child’s lived experience, not a legal assumption

What Will Replace the Presumption?

The foundation of the Children Act 1989 remains the same: a child’s welfare is the court’s paramount consideration.

Removing the presumption does not mean:

• Children will be prevented from seeing one parent without reason
• Courts will stop encouraging positive relationships with both parents

Instead, the court will assess each case individually, focusing on:

• Whether involvement is safe
• The behaviour of each parent and its impact on the child
• The child’s emotional, psychological and physical wellbeing
• The unique circumstances of the family

How Will This Affect Child Arrangements?

For safe, cooperative parents with no safeguarding issues, very little is expected to change. Courts will continue to support healthy relationships with both parents.

For cases involving allegations of abuse or risk, this reform strengthens child protection by enabling the court to:

• Place safety considerations at the forefront from the start
• Avoid unsafe contact arrangements
• Consider emotional and psychological harm with greater weight
• Make decisions without feeling restricted by a default assumption

In practice:
Where safety is a concern, the court will not start with the idea that both parents should be involved. All decisions will be built around the child’s welfare and lived experience.

Impact on Existing and Future Proceedings

Ongoing or upcoming cases are likely to reflect this shift, especially where abuse or coercive control is raised. Parents may notice:

• Increased scrutiny of behaviour, risk and safeguarding
• A greater focus on emotional safety, not just physical harm
• Stronger weight given to the child’s voice and experiences

If you are currently in proceedings, legal advice can help you understand how this change may influence your case strategy.

What Remains the Same?

Despite this reform, the following principles continue to apply:

• A child’s welfare remains the court’s central consideration
• Safe, positive parent-child relationships will continue to be supported
• All forms of abuse — including coercive control — must be taken seriously
• Courts will encourage co-parenting where it is safe and healthy

This change does not undermine good parents — it protects children in unsafe situations.

Why This Reform Matters

This is a child-centred, safeguarding-led reform. It recognises that:

• Harm is not always physical — emotional harm can be equally damaging
• Children can be deeply affected by witnessing abusive behaviour
• Shared parenting is only beneficial when it is safe
• Safety must come before involvement, not be considered second

The reform aims to ensure children are not placed at risk to preserve a legal principle or parental entitlement.

How Prime Legal Solicitors Can Help

As a firm specialising in family and children law, we remain fully informed of all legal reforms to support families through change. We can help you:

• Understand how the reform applies to your situation
• Raise safeguarding concerns appropriately and safely
• Navigate child arrangements with a child-focused approach
• Prepare for court under the new legal landscape

Whether you are separating, co-parenting or already in proceedings, we are here to guide you with clarity, empathy and expert legal insight.

Key Takeaways

• The presumption of parental involvement is being removed
• The reform strengthens child protection and prioritises safety
• Courts will adopt a neutral, case-by-case approach to parental involvement
• Safe, positive contact will continue to be supported where appropriate
• The focus remains firmly on each child’s individual needs and welfare

Contact Prime Legal Solicitors

For expert legal advice on child arrangements, safeguarding or family court proceedings, call 0330 341 4757 or use our online enquiry form to book an Initial Consultation.