Key reform to private law family proceedings on the horizon

Eleanor Kay, a Solicitor in our Family team, explains more about the repealing of court proceedings relating to the arrangement for children.

A key reform to private law family proceedings – proceedings relating to the arrangements for children – may be on the horizon.

When separated parents cannot agree on the arrangements for their children, such as where their children will live or how much time they will spend with each parent, the court may be asked to make the decision. 

In these circumstances, there is a long-held presumption that it is better than not for the children concerned to have involvement with the parent that they do not live with.

However as of February 2026, a Bill has been introduced into Parliament to repeal this presumption.

Section 1 of the Children Act 1989, as amended by the Children and Families Act 2014, sets out the presumption that it benefits a child’s welfare to have involvement with both parents, provided that such involvement does not put the child at risk of harm.

Involvement can mean direct or indirect contact, and this is considered on a case-by-case basis. 

The intention behind this presumption was to recognise the importance of both parents being in a child’s life. 

However, over time, the application of this presumption has not always achieved its aims of protecting the welfare of a child, particularly in cases involving domestic abuse and where there are concerns that a parent may pose a threat to the safety of the child.

Some feel the presumption has created a 'pro-contact culture', with the court and professionals under pressure to promote contact of some kind, even where there may be safeguarding risks, or the suggestion of risk.

The Ministry of Justice completed a review of the presumption in October 2025, finding that the presumption was often not effective in protecting children. 

The review found that the presumption was applied inconsistently across cases - in some cases it was not considered at all and in some instances led to a prioritisation of maintaining contact even where there were allegations of domestic abuse which may impact on a child.

The government has responded to the review by announcing an intention to repeal the presumption. This would mean in future, the court will no longer start with the assumption that the involvement of both parents will automatically have a positive impact on the child’s welfare. 

Instead, the focus will begin from a neutral position, and the court will consider involvement of each parent based on the welfare of the child, given the individual circumstances of the case.

It is likely to remain the view that where there are no safeguarding risks, it is important for a child to have involvement with both parents; the repeal of the presumption is unlikely to change things drastically in these cases. 

However, it does mean that the weight placed on this principle previously will be lifted to allow a greater focus on the individual child’s welfare and to ensure that any risk can be properly and fully considered.

There is not yet a confirmed timeframe for when the change will take effect; it has been indicated that legislation to repeal the presumption will be introduced as soon as parliamentary time allows.

If you are currently navigating child arrangements or have any other family related legal query, our Family team can provide advice tailored to your circumstances. Please contact them on 01603 625231.