The ‘Courts and Tribunals Bill’ was introduced into the House of Commons in February 2026. Clause 17 of the bill is of huge significance to family law, as it proposes to repeal the presumption of parental involvement in child arrangements cases.
What is the presumption of parental involvement?
When the Court is asked to decide on child arrangements, the principles of the Children Act 1989 are applied. The presumption of parental involvement was introduced into the Act in 2014 to help ensure children could maintain a relationship with both parents after separation.
It is a legal presumption that, provided it is safe and, in the child’s, best interest, a child’s welfare is best served when both parents are involved in their life.
Whilst the Court’s must consider more than just this when deciding what is best for a child, such as the important factors listed in the ‘welfare checklist’, it does not change the fact that this presumption essentially acts as the starting point for any decisions.
Case law has also reinforced a “positive duty” on judges to promote parental involvement, requiring courts to consider all alternatives before ordering no contact.
What is the reason for removing this presumption?
The presumption has faced criticism for contributing to a “pro-contact culture” in the Family Courts. The concern is that this presumption can often shift from ‘what is best for the child?’ to ‘what is fair for the parent?’.
In a formal review launched by the government (‘Presumption of parental involvement review: Final Report’), it was concluded that the ‘presumption was not routinely referenced by judges and magistrates when they made decisions about contested child arrangements orders’ and ‘that system practice and the resulting court decisions could leave children at ongoing risk of harm.’
Claire Throssell, a mum from Penistone, has spent 12 years campaigning to change the presumption. Claire’s sons, Jack, aged 12, and Paul, 9, were killed in a house fire started by their father in October 2014, after he was granted access to the children. The Court allowed him to see them for five hours a week despite Claire’s evidence that he had already threatened to kill them and himself.
What will this change mean?
The Court’s will no longer start from an assumption that parental involvement is always in a child’s best interest and instead adopt an ‘open-minded’ inquiry.
Judges will continue to consider the factors listed in the ‘welfare checklist’. These include:
- The wishes and feelings of the child
- The child’s physical, emotional and educational needs
- The likely effect on the child of any change in their circumstances
- The child’s age, sex, background and any characteristics which the court considers relevant
- Any harm which the child has suffered or is at risk of suffering
- Capability of the parents to meet the child’s needs
- Range of powers available to the court
What stage is this Bill currently at?
To reiterate, the Bill was introduced into the House of Commons in February 2026. In May 2026, the Bill was reintroduced and on 13 October 2026, the Bill reached it’s Third Reading in the House of Commons. The Bill still has to go through the House of Lords; however it can be presumed that Clause 17 will not be strongly opposed.
If you would like advice regarding child arrangements, please get in touch with the Family Team today – we would be more than happy to discuss your matter further. You can call us at our Leicester office on 0116 255 4855 or our office in Loughborough on 01509 610 312. Alternatively, feel free to email us at legal@johnsonastills.com, or fill in the enquiry form on our website.
