Repeal of Parental Involvement Presumption Advances
The Bill’s Public Bill Committee concluded on 28 April 2026 after taking evidence from over 130 written submissions, and the Bill was reintroduced at Report Stage in the House of Commons on 14 May. Its Clause 17 remains intact: the repeal of section 1(2A) of the Children Act 1989, which currently directs courts to presume, as a starting point, that a child’s welfare is furthered by the involvement of both parents. Once repealed, courts will conduct an open-minded inquiry into a child’s best interests rather than beginning from that presumption.
The reform follows an October 2025 Ministry of Justice review which found judges “intrinsically geared” toward preserving contact with both parents even where domestic abuse was alleged, with such allegations frequently met by counter-allegations of parental alienation. Campaigners including Women’s Aid and Claire Throssell MBE — whose sons Jack and Paul were killed by their father following a contact order — have called the reform a “historic campaign win.” The Justice Committee’s pre-legislative scrutiny report also flagged concerns from some respondents that repeal without a replacement framework could increase conflict or entrench gatekeeping by resident parents.
Current Status: The Bill has not yet received Royal Assent, and the existing presumption remains in force. Practitioners should note the Bill still has Report Stage and Third Reading in the Commons ahead, followed by its full passage through the Lords, before any change takes practical effect. Psychiatric and psychological experts instructed in private law proceedings should expect greater emphasis on evidence-based risk assessment, rather than a statutory thumb on the scale, once in force.