On 22 October 2025, the government announced that they will be repealing the presumption that it is in a child’s best interests to have contact with both of their parents.
At the moment, the Family Courts must presume that it is in a child’s best interests for them to have contact with both of their parents. This presumption is enshrined in the Children Act 1989, and it can be challenged if there is evidence that a parent’s involvement with a child will harm the child. This means that a child can end up having contact with a parent who has been abusive to them and / or the other parent. Due to the existing presumption, concerns have been raised that Family Courts place the rights of abusive parents over the safety and wellbeing of children.
The government’s decision follows a lengthy review by the Ministry of Justice (MoJ). The review began in November 2020 and was published in October 2025. The review concluded that the existing presumption meant that most cases ended with an Order for some sort of contact for both parents with the child, most often involving direct unsupervised contact. The review also found that by pushing contact with both parents, there can be an increased risk of children being subjected to domestic and other types of abuse. The MoJ said that removing the presumption should lead to quicker decisions to restrict the involvement of abusive parents.
This means that the starting point for any cases relating to child arrangements will change. Where previously, the Court would ask the question “is there a reason why the child should not have contact with both parents?”, Courts will now have to ask the question “should this parent be involved with the child?” when considering all of the facts and circumstances in a particular case.
It is not clear when the change will come into effect, however the government have said it will be in effect as soon as parliamentary time allows. We can therefore expect the change to be effective in the near future.
We understand that when a relationship breaks down it can be a very emotional and stressful time. That’s why we take the time to fully understand your unique situation and always act in your best interests.
To find out how we can help you, please call 01202 292424, or email office@prestonredman.co.uk.
