How the planned Children Act reforms will strengthen the protection of children

Jenna Atkinson, senior associate solicitor, and Katie Jones, apprentice solicitor, in our divorce and family law team look at the government’s recent proposals to reform the Children Act 1989, a move that could end the presumption of ‘parental involvement’.

In October 2025, the Ministry of Justice announced the new plans for protective measures for children. The previous starting point in the legislation assumed parents being involved in a child’s life would always be in their best interests. This move is widely welcomed and is seen as a ‘back to basics’ approach, prioritising the welfare of the child in each case.

Current approach of the Family Court

 Under the current legislation of the Children Act 1989 and following amendment by the Children and Families Act 2014, the court follows the presumption of parental involvement. This means that unless there is evidence to show that contact with one parent would be harmful to a child, contact is assumed to be beneficial and generally granted.

This can result in some cases where parents with a background of perpetrating violence against people other than their children, such as sexual offences and domestic abuse, are currently able to enjoy contact despite the inherent risk that their violent nature poses to them.

How repealing the presumption of parental involvement will protect families

By repealing the presumption of parental involvement from the Children Act 1989, the circumstances of each family can be assessed on a case-by-case basis to understand the individual circumstances of each family and identify any risks involved to children.

This will allow the Family Courts to exercise more caution in allowing contact with potentially dangerous parents, allowing greater protection for children.

If a parent is deemed to be a threat to their child’s wellbeing, their involvement in their life can be restricted entirely, or limited to supervised contact, video calls, or written communication only to create an appropriate and safe distance between them.

Concerns and practical impact

The repeal of the presumption of parental contact may bring about concerns for parents who are seeking to gain more contact with their child. There may be worries that this will make contact harder to obtain, as there is no longer the assumption that a child should see both parents. However, it is important to note that this will not disadvantage most parents in the Family Court.

This approach is designed to restrict contact of harmful and abusive parents. Therefore, parents who merely cannot agree an adequate schedule of childcare will not be disadvantaged by the proposed changes. The intentions are solely to place children’s welfare at the forefront of decisions, not to isolate or disadvantage one party with no justification.

Child safety is the priority, and it is hoped the new approach will remove a legal bias that could overshadow serious safeguarding concerns. The changes proposed also strengthen the principle that safeguarding children is the foundation of family law and not ‘shared parenting’ no matter what the cost. The welfare of the child should always be the paramount concern.

The shift in emphasis is from a parent’s rights to a child’s needs. If you have concerns in respect of an abusive parent, bringing a case to the Family Court it is important to get the right advice on the appropriate order to obtain and to seek advice from a family law specialist.

If you have any queries relating to a child safety case, it is important to get advice. Talk to a member of our divorce and family law team by contacting us on 01772 258321 or emailing [email protected]