Presumption of parental involvement to be removed
When the court considers any dispute between parents over arrangements for their children it is required by law 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 is known as the ‘presumption of parental involvement’.
The idea behind the presumption was to reinforce the importance of children having an ongoing relationship with both parents after family separation, where that is safe and in the child’s best interests. This can mean, for example, that the court will prioritise a child having contact with an absent parent.
But concerns over the presumption raised in a 2020 report assessing the risk of harm to children and parents in cases concerning child arrangements led to the Ministry of Justice undertaking a Review of the Presumption of Parental Involvement.
The Review has now been published, and it has concluded that always prioritising contact as if it is a parent’s right can lead to the court downplaying evidence of domestic abuse, which can in the worst cases lead to the abuse being perpetuated.
Similar conclusions were drawn by the Domestic Abuse Commissioner in her recent report which found that nearly 90% of child arrangements cases found to involve domestic abuse.
In the light of this evidence the government has announced that it is to remove the presumption of parental involvement. The Ministry of Justice will legislate to repeal the presumption, as soon as Parliamentary time allows.
The removal of the presumption is likely to result in more cases where concerns over domestic abuse lead the court to make orders for supervised contact, indirect contact only (for example by letter, email or phone calls), or even for no contact at all.
The reasoning behind the removal of the presumption was summarised by Justice Minister, Baroness Levitt KC, who said:
“The horrors of domestic abuse can scar a child for life. It is apparent from our research that the presumption of parental involvement can, in some cases, lead to contact being ordered even in cases where there has been domestic abuse. Our priority must always be children’s welfare. Being a parent is a privilege not a right: the only right which matters is a child’s right to safety and this government is determined to ensure that that is at the heart of every decision made about each and every child.”
You can find the Ministry of Justice’s Review of the Presumption of Parental Involvement here.
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