The Courts and Tribunals Bill proposes scrapping the presumption of parental involvement to protect children
The UK Government has announced plans to repeal the presumption of parental involvement in family court decisions as part of a major reform contained in the Courts and Tribunals Bill.
The measure, introduced through the bill, will amend the Children Act 1989 by removing the legal assumption that a child’s welfare is normally best served by involvement from both parents following separation.
According to the Ministry of Justice, the reform is intended to strengthen protections for children who may face risks from abusive parents. Under the proposed change, courts will no longer begin from the starting point that parental involvement is beneficial. Instead, judges will conduct an open assessment focused solely on the child’s best interests and safety.
The government said the reform forms part of wider plans to modernise the justice system and reduce harm to victims. The legislation will now progress through Parliament, with its second reading scheduled in the House of Commons on 10 March 2026.
David Lammy said the change reflects the government’s intention to place children’s safety at the centre of family court decisions.
He stated that every child deserves to be safe and that reforms to the justice system must ensure victims are heard and protected. He added that repealing the presumption of parental involvement would help ensure that children’s welfare remains the primary consideration when courts determine parental contact.
Under the proposed framework, family courts will retain a range of options where a parent poses a risk to a child. These include supervised contact arrangements, restrictions limiting communication to written contact, or, in some cases, orders preventing any involvement.
The reform has been linked to long-running campaigning by Claire Throssell, who has advocated for changes to family court practices following the deaths of her sons, Jack and Paul. The boys were killed by their father after court-ordered contact arrangements.
Ms Throssell has campaigned for changes to ensure that family courts prioritise child safety in cases involving allegations of domestic abuse. The government said the repeal of the presumption recognises her campaign and the wider efforts of organisations supporting survivors.
Farah Nazeer welcomed the proposal, stating that the change marks a significant step towards improving protections for children in the family court system. She said the repeal reflects long-standing concerns raised by advocacy groups about unsafe contact arrangements.
Alongside the family court reforms, the bill includes broader justice system measures, such as new “Swift Courts” designed to handle less serious criminal cases more quickly and reforms allowing some complex fraud trials to be heard by a judge without a jury.
The government says the legislation forms part of its wider programme to modernise the courts and reduce delays while maintaining safeguards for victims and vulnerable individuals.