MoJ announces plan to repeal presumption of parental involvement from Children Act 1989
The Ministry of Justice (MoJ) has announced plans to repeal the presumption of parental involvement from sections 1(2A), (2B) and (6) of the Children Act 1989, following publication of a comprehensive review on 22 October 2025. The current provisions require courts to presume in child arrangements and certain private law children proceedings that parental involvement will further a child's welfare unless evidence suggests risk of harm. The review, launched in November 2020 following a recommendation from the Harm Panel Report, examined how courts apply these sections and their impact on children's welfare. The MoJ published a final report alongside supporting research including a literature review, qualitative research on Black, Asian and minority ethnic parents' experiences, and analysis of unpublished court judgments. The government will legislate to repeal the presumption when Parliamentary time allows, with the change intended to prioritise children's safety in family court proceedings.