A significant change could be coming to family law in England and Wales.
The Government has announced plans to remove the presumption of parental involvement from the Children Act 1989 through the proposed Courts and Tribunals Bill.
At present, family courts generally start from the position that a child benefits from the involvement of both parents following separation, unless there is evidence that doing so would place the child at risk.
Under the proposed reform, courts would no longer begin from that assumption. Instead, judges would assess each case solely on the child’s welfare and safety, considering all the evidence before deciding what level of involvement, if any, is appropriate.
Supporters of the reform say it strengthens protection for children in cases involving domestic abuse or safeguarding concerns. Others have raised questions about how the change could affect contact arrangements in more typical separation cases.
The KMC Legal perspective
From a legal standpoint, the child’s welfare has always been the court’s paramount consideration. Removing the presumption does not change that principle, but it may alter the starting point from which cases are assessed.
In practical terms, this could mean courts taking an even more careful and evidence focused approach when considering parental involvement. Each case will turn on its own facts, particularly where there are allegations of risk, safeguarding concerns, or disputes over contact.
What this really highlights is the importance of clear legal advice and strong representation in family proceedings. Decisions about a child’s future are among the most important a court will make, and they require careful handling and proper scrutiny of the evidence.
The bill is due to receive its second reading in Parliament on 10 March 2026, where the proposals will begin detailed scrutiny.
If you are facing family court proceedings or concerns around parental contact, our family law team at KMC Legal can guide you through the process and help ensure your case is presented clearly and effectively.
How legal advice can help
Family law cases involving high-conflict personalities can be complex and emotionally draining. Having the right legal support allows you to focus on practical solutions while ensuring your rights and your children’s interests remain protected.
At KMC Legal & Finance, we support individuals navigating difficult family situations with clear advice and steady guidance.
If you are facing separation, disputes around children, or concerns about controlling behaviour within a relationship, our team is here to help you understand your options and move forward with confidence.
Speak to our family law team today on 0800 9494 667 for confidential advice.
