Introduced in 2014, the concept of Presumption of Parental Involvement in England and Wales intended to ensure children maintained a relationship with both their parents following separation, provided it was safe for them to do so.
Writing in the Law Society Gazette, G&G Law co-founder and partner Neil Graham explains what presumption of parental involvement in England and Wales means today, why changes have been proposed and what this all means for parents and children.
Family lawyers will all be familiar with the guidelines introduced in 2014, amending the Children Act to establish the default starting point for children’s arrangements is assuming a parent’s involvement will be to their child’s benefit, unless demonstrated otherwise. The intention was to do the right thing for children and encourage more co-operative relationships between parents after they had separated.
A review in 2025 concluded that while the current system had been beneficial to the wellbeing of many children, concern had arisen that the threshold for stopping a parent having contact with their child may be incorrect, and that some children were at an ‘ongoing risk of harm’.
In response, defenders of the presumption have argued that the court does have the ability to build in safeguards, and that repealing may encourage parents into a more confrontational approach to children’s proceedings.
Read Neil’s full article here for more information.
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