For years, family courts in England and Wales have worked on the rebuttable presumption that the involvement of both parents is best for children, unless there’s clear evidence of harm. The government has now announced plans to repeal this presumption.

So, why the change? Critics have argued that the presumption has often put parental rights ahead of child safety and new evidence now shows that always prioritising contact can sustain child abuse, in the worst case.

Although current law does include safeguards to limit parental involvement when it harms a child’s welfare, removing this presumption sends a strong message: children’s wellbeing and safety come first and must be central to judicial decision making.

Once the repeal takes effect (there’s no confirmed date yet, it will happen when parliamentary time allows), judges will no longer start from the position that parental involvement is automatically in a child’s best interests. Instead, they’ll review the evidence and make decisions based on each child’s circumstances.

This shift follows findings from the Domestic Abuse Commissioner’s October 2025 report (Reports | Domestic Abuse Commissioner), which reviewed 298 child arrangement cases and observed around 100 hearings. The report revealed domestic abuse in 73% of hearings and 87% of case files, and highlighted that abuse was frequently not taken seriously when considering child arrangements.

Both the repeal and the influence of the report mark a clear move toward prioritising children’s safety in the family courts in England and Wales. If you have questions or concerns about these changes, please do reach out to a member of the family team at Stevens & Bolton.