The government is proposing a significant change to private children law and parent involvement contained in the Children Act 1989. If implemented, it could mean that the starting point that the courts adopt, when concerning child arrangements and section 8 orders, would be based primarily on a child’s welfare.
Current Law
Section 1(2A) of the Children Act 1989, as inserted by the Children and Families Act 2014 establishes a presumption that the involvement of each parent in a child’s life will further that child’s welfare when the court are determining section 8 applications (child arrangements, specific issue and prohibited steps orders).
Being a presumption means that it can be ‘rebutted’. This is a legal term for ignoring or establishing the opposite of something. For instance, if it is established from the outset that one parent being involved with a child would damage that child’s wellbeing, then the presumption will be rebutted, and the court would not need to presume that that parent should be involved in the child’s life.
The provision, as it is under current law, does not create a right to contact or any shared care. It is a presumption of parental involvement rather than a presumption that each parent should spend equal time with their child or children.
The Proposed Changes Through the Courts and Tribunal Bill
The government is proposing to repeal (legal term for remove) the presumption of parental involvement from the Children Act 1989 in its entirety. What this means in practice is that the courts will not begin by assuming that a parent’s involvement in a child’s life will promote a child’s welfare.
The changes have come about because they reflect concerns that the presumption may be, in some cases involving domestic abuse or child safeguarding, furthering the effects of the same. The proposed changes depend on the principle that the child’s welfare should come first.
These changes are not yet in effect. The Bill received its Second Reading in the House of Commons on 10 March 2026 and has completed its Committee Stage. It is currently at the Report Stage before progressing through the remaining parliamentary stages, including consideration by the House of Lords, before it can receive Royal Assent.
How Would These Changes Affect Parents?
If the legislation is passed, family courts are likely to place an even greater emphasis on the individual circumstances of a case and child welfare rather than starting with a presumption of parental involvement.
The changes should be particularly prevalent in cases involving allegations of domestic abuse and safeguarding concerns.
How Dunn & Baker Solicitors Can Help You
At Dunn & Baker Solicitors we have specialist lawyers who can help parents navigate the legal challenges that they face with issues relating to their children. Should you require expert advice kindly contact our family team.
Call us on:
Exeter 01392 285000
Cullompton 01884 38818
Or via our contact form: https://www.dunnandbaker.co.uk/contact/