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The repeal of the presumption of parental involvement: How to prepare in the meantime

When filing for a divorce, the decisions around child arrangements are not always straightforward.

Many parents can reach an amicable agreement, but sometimes legal help is required to determine what level of involvement each parent should have.

In a recent reform to improve children’s rights, the Government has announced that it will repeal the presumption of parental involvement.

However, with no set timeline in place for this to become law, parents must understand how the presumption still affects them when disputing arrangements.

What is the presumption of parental involvement?

The presumption of parental involvement applies to child arrangements brought to court and asserts that a child generally benefits from having both parents in their life.

This presumption works alongside Section 1 of the Children Act 1989, which outlines that a child’s welfare is the court’s paramount consideration when making decisions on their upbringing.

In the Family Procedure Rules, Practice Direction 12J further requires the court to assess the relevance of any allegations of domestic abuse before determining whether the presumption applies.

The presumption does not include set time arrangements for parents and focuses on the importance of the child’s welfare.

Why is reform being considered?

In recent years, the presumption has been critiqued, particularly following the Ministry of Justice’s 2020 report, which highlighted situations where the presumption had detrimental effects on the children involved.

In October 2025, the Government announced its intention to repeal the presumption, concluding that child safeguarding must come first.

However, with no set timeframe in place, the court will continue to apply the current law in most cases.

This means that:

Welfare remains the overriding priority
Presumption does not apply when evidence shows it will expose the child to harm
Judges must allow Practice Direction 12J where domestic abuse is alleged

Parents need to stay informed on the current policies on child arrangements and seek legal advice when disputing child involvement.

How can parents seek support?

With the reform not yet in place, parents need to know what they can do if they are affected by the presumption.

When dealing with disputes, clear documentation and records of communications and concerns are important.

As well, raising safeguarding issues to the courts early can allow for risks to be considered from the outset.

It is important to seek legal guidance early on so you can understand how the current presumption is applied and how to protect your child from any risks.

How to prepare for presumptions?

The repeal of the presumption will bring change for child arrangements and ensure risk assessments are carried out to protect children.

Despite the new legal framework being put forward, children’s well-being remains at the centre of the court’s decisions.

With informed legal advice, parents can understand this period of reform and their rights in court.

If you want to know your child’s settlement rights in your divorce, contact our specialist family lawyers today for tailored advice and guidance.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.