Repeal of Presumption of Parental Involvement marks a pivotal shift in family law

The Government announced on 22 October 2025 its plans to repeal the presumption under the Children Act 1989 that “unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare”. Whilst this presumption was intended to promote balanced parenting, it has increasingly come under scrutiny for inadvertently prioritising parental rights over child safety — particularly in cases involving domestic abuse.

 Although the statutory provision has not yet been repealed, since the issue will need to be legislated “when Parliamentary time allows”, it is nonetheless a landmark moment in the evolution of child welfare and domestic abuse protections in England and Wales. The recent news follows years of campaigning by survivors, legal professionals, and advocacy groups. It responds directly to findings from the Government’s own harm panel and the Domestic Abuse Commissioner’s office, which highlighted how the presumption has, in practice, enabled unsafe contact arrangements, even in cases where abuse was evident. 

If the repeal becomes legislation, it is anticipated that it will empower family court judges to assess each case on its own merits, without being bound by a default assumption of parental involvement. It will signal a shift from a “pro-contact culture” to a child-centred approach, where evidence of harm and the child’s voice are given greater weight.

 As legal professionals, we recognise that any reform must be accompanied by robust implementation measures. Mandatory training for judges and practitioners will be essential to ensure that the cultural shift envisioned by a repeal is realised in practice. Without it, there is a risk that entrenched attitudes may persist, undermining the intent of the legislation.

 At Stone King, we remain committed to supporting families through complex and sensitive legal matters. We believe this development will lead to safer outcomes for children and survivors of abuse, and we will continue to advocate for a family justice system which ensures that the safety and wellbeing of children are placed at the heart of judicial decision-making.