The Government has recently announced a major change to family law in England and Wales, which is the removal of the “presumption of parental involvement” under the Children Act 1989.
This meant that courts usually began with the assumption that it was best for a child to have both parents involved in their life unless there was evidence that this would cause harm.
Following a detailed government review published on 22 October 2025, that legal starting point is due to be removed. This is one of the biggest changes in child arrangements law in over a decade and will likely affect how courts make decisions about children’s contact and residence in the future.
Why has the change been made?
The review found that the “presumption of parental involvement” was sometimes being applied too rigidly. In some situations, it created what has been called a “pro contact culture”, where courts were too focused on keeping both parents involved even when there were concerns about domestic abuse, coercive control or emotional harm. Many say that this has harmed many families.
What will actually change?
Once the reform takes effect, courts will no longer start with the assumption that both parents being involved is automatically a good thing. Instead, parents will need to show how and why their involvement benefits their child’s wellbeing, both emotionally and practically, and in a way that ensures safety. This does not necessarily mean that contact with both parents will stop being encouraged. It means that the focus will shift from both parents being involved unless proven otherwise, to each parent’s involvement depending on what is genuinely best for that particular child.
Why this might be a positive step but not for everyone?
At First Line Family Law, our family law solicitors in Cardiff have already started hearing a mix of reactions from both families and professionals.
For many, this feels like a long-awaited positive step, especially for survivors of domestic abuse who felt that the system did not always protect them or their children. This reform could make it easier for courts to refuse unsafe or forced contact and allow professionals to focus more on genuine welfare and safety. However, not every reform benefits everyone. Any major change in the law, even one that is well-intentioned, can create uncertainty and may have unintended negative effects. Some worry that safe, loving parents, often non-resident fathers or mothers, could be unfairly side-lined if courts become overly cautious. There is a concern that “erring on the side of safety” could in some cases lead to less involvement for parents who pose no risk at all.
Therefore, while this reform may be a positive move for child safety, it is too early to know whether it will always work out that way in practice.
How our team can help
At First Line Family Law, our family law solicitors in Cardiff and our family law solicitors in Bristol are already helping parents understand what this change could mean for them.
Whether you are worried about losing contact, trying to protect your child from risk, or simply want clear and practical advice about your rights, we can guide you through it.
We always keep your child’s welfare at the centre of everything we do and we will make sure your voice is heard as the law evolves.
