A new piece of legislation currently making its way through parliament could bring one of the most significant changes to family law in years. The Courts and Tribunals Bill 2026 includes a proposal to repeal the presumption of parental involvement in a child’s life, and if it passes, the way courts approach child contact decisions in England and Wales will look quite different.
If you are a parent currently involved in child arrangements proceedings, or thinking about applying, this blog explains what the bill proposes, what prompted it, and what it could mean for you.
What is the Courts and Tribunals Bill, and what is it proposing?
The bill was introduced to parliament on 25 February 2026 and is currently at Committee stage in the House of Commons. Its most significant provision for family law is Clause 17, which would repeal section 1(2A) of the Children Act 1989.
That section currently requires family courts to presume that having parents involved in a child’s life will further their welfare, unless there is evidence it would put them at risk. In other words, courts treat contact with both parents as being beneficial until proven otherwise.
If the bill passes, that would no longer be the case. Courts would instead begin from a neutral position and carry out an open-minded assessment of what is genuinely in the child’s best interests, without making assumptions. The fundamental principle of the Children Act 1989 (that child welfare is the court’s paramount consideration) would remain unchanged.
Has the Bill come into effect yet?
The Courts and Tribunals Bill has not yet become law. It was introduced in February 2026 and is currently passing through the House of Commons. Until it receives Royal Assent, the existing presumption of parental involvement remains in force, and courts continue to operate as before.
If you are currently involved in child arrangements proceedings, or if you have an existing order and are wondering how a change in the law might affect it, it depends on your individual circumstances. Significant legislative changes can affect how courts approach ongoing cases, and it is wise to stay updated on the bill’s progress with the help of a specialist. You can find out more about changing an existing child arrangements order here.
Claire Throssell, and the risk of presumption of parental involvement
The government’s decision to legislate follows an October 2025 Ministry of Justice review into how the presumption has been working in practice. Its findings were significant. Evidence showed that judges had become, in the words of the review, “intrinsically geared” towards ensuring contact with both parents, even in cases involving alleged domestic violence, and thus a “pro-contact culture” had developed.
The review found that allegations of domestic abuse were regularly countered by claims of parental alienation, and that courts tended to favour evidence supporting the presumption of contact. The result was that in some cases, children were placed in contact with a parent who put them at risk.
The campaign to change this has been led in part by Claire Throssell, whose sons Jack and Paul were killed by their abusive father after a family court ordered contact, despite her and her children’s objections. The government’s announcement explicitly dedicated the reform to their memory. Women’s Aid and the Domestic Abuse Commissioner have both welcomed the Bill, describing it as a pivotal moment for how the family justice system responds to domestic abuse.
What the Bill means for child contact decisions
At present, a parent seeking to limit the other’s involvement has to argue against a presumption in favour of contact, meaning the one being argued against has a statutory advantage. If the bill passes, the playing field would be levelled. The court’s focus would be on what the child needs and what solution serves their welfare best.
Where courts do decide to restrict parental responsibility or involvement, they could order supervised contact, indirect contact only (such as letters or cards), or in serious cases, no contact at all. The type of order will depend on the circumstances and evidence.
What happens if there are domestic abuse or safeguarding concerns?
Under the current system, parents who have experienced domestic abuse have had to argue against a legal presumption that implicitly supports the abuser, as we saw with the Claire Throssell case. There is a particular risk of violence against women and girls. If the bill passes and there are credible allegations or evidence of abuse, the court will assess the risk and make an order that genuinely reflects what is safe for the child.
Practice Direction 12J of the Family Procedure Rules already sets out what courts must do when domestic abuse is alleged. The repeal is designed to work alongside that existing framework and reinforce it. If you are concerned about your or your child’s safety in the context of contact proceedings, early legal advice is important. Our children issues solicitors can walk you through your options and advise on the best course of action.
Are there any concerns around the Bill?
The case for reform has been made compellingly, and the support from domestic abuse organisations is significant. That said, the Bill has attracted some concerns from critics, who have raised the point that removing the presumption could make outcomes less predictable and encourage more cases to proceed to a final hearing, rather than settling. There is also concern that false or exaggerated allegations could more easily be used to block a safe parent’s involvement with their child.
Both Parents Matter, a charity focused on children maintaining relationships with both parents, has argued that better implementation of the existing law would be a more proportionate response than outright repeal. The bill is still being scrutinised by parliament, and amendments are likely to be made before it becomes law.
What should parents do now?
If you are applying for a child arrangements order, responding to one, or worried about how the proposed change could affect an existing arrangement, the most important thing you can do is take specialist legal advice. The law, both as it stands and as it may change under the Bill, requires careful navigation, and a general understanding is no substitute for advice tailored to your specific situation.
All of that said, this Bill is still in the early stages of making its’ way through Commons. We do not expect it to be in effect for at least several months, possibly over a year, and plenty of notice will be given beforehand. It is very unlikely that the Bill will affect any case being started or in progress currently. It is also important to stress that the specifics of this bill are still subject to change before they become law.
Where there are concerns about domestic abuse, coercive control, or a child’s safety, those concerns will always need to be clearly evidenced and properly presented to the court. A family solicitor can help you understand what the court will look for, how to set out your case, and what orders are available to protect you and your child.
Where there are no such concerns, the focus should remain on reaching a workable arrangement that puts your child first. In many cases, that is achievable through negotiation, mediation, or discussions led by a solicitor, without the need for contested court proceedings.
Speak to a child arrangements solicitor
At Harbour Family Law, we support parents through all aspects of child arrangements, from early advice and mediation through to family cases court proceedings when necessary.
All of our solicitors are members of Resolution, which means our starting point is always to reduce conflict between parents, and reach an agreement that is in everyone’s best interest, your child’s most of all.
If you have questions about the Courts and Tribunals Bill and what it might mean for your situation, or if you are dealing with a child contact matter now, get in touch to have a chat, or to arrange your initial consultation.