The Presumption of Parental Involvement set to be repealed in the new Courts and Tribunals Bill
The Courts and Tribunals Bill, currently passing through the House of Commons public bill committee is due to make sweeping changes to the UK justice system, including in one central way to the Family Courts.
The Courts and Tribunals Bill is perhaps most famous for its removal of the right to elect for a trial by jury in a large number of imprisonable offences, however, for family practitioners, the most significant change is the removal of the Children Act 1989 Section 2A. This section states:
"(2A)A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare."
This presumption meant that, as a starting point, the court aimed to ensure contact with both of a child's parents, even where there was evidence or allegations of domestic abuse. However, in a Ministry of Justice review on the presumption from October 2025, it was found that judges were 'intrinsically geared' towards ensuring contact with both parents after a separation and, partially as a result of this, there have been many orders for direct parental involvement even in the context of domestic abuse. In particular, allegations of domestic abuse were often countered by allegations of parental alienation and the court would tend to systematically prefer evidence that supported the presumption of contact with both parents.
This change is largely positive and is the result of a significant push from many domestic abuse survivors who have seen their children harmed or killed at the hands of perpetrators. It will hopefully lead to the court making fewer unsafe contact orders in instances where there are genuine concerns of domestic abuse. Judges will also be required to engage more directly with the facts of each specific case and genuinely consider what is in the best interest of each specific child rather than working from a statutory starting point.
However, the change does also increase the scope for strategic allegations where a parent can raise illegitimate abuse allegations to try and block contact between their ex-partner and child. It also may increase the number of 'simple' Children Act disputes that make it to court as without a statutory presumption of parental involvement, outcomes at court are less certain and parents may be more willing to continue a weak claim through to Final Hearing.