Family Law changes to the presumption of parental involvement

Janine Hutson, Senior Associate

The government has announced that it will end the current legal presumption in Family Court proceedings that parental involvement in a child’s life will always further the child’s welfare.

This will result in a shift in the current legal framework. Currently it is presumed that parents should always have involvement in their child’s life unless there is evidence that such involvement would be harmful to the child. This has meant that the starting point for Family Court judges was to assume that parental involvement is in the child’s bests interests, unless proved otherwise.

Many campaigners and legal practitioners have argued that this presumption caused a ‘pro contact’ culture to develop, and that contact between a parent and child was being prioritised by the Courts, even in cases where there was evidence of domestic abuse and concerns that the child could be at risk of harm.

Campaigners hope that this change will prioritise the safety of children and other parents engaged in Court proceedings.

There have also been calls for further training for judges and other legal practitioners to ensure that they are aware of the impact of this significant change. The Ministry of Justice have said it will legislate to repeal the presumption of parental involvement when Parliamentary time allows.

For legal advice for families please contact the Family Law department on 0161 832 3434 or email info@kuits.com.

Contributors: Biba Metcalfe, Trainee Solicitor