Introduction of presumption of parental involvement in a child’s life

On 22 October 2014, section 11 of the Children and Families Act 2014 (CFA 2014) came into force and amended section 1 of the Children Act 1989 (CA 1989) to provide that in specified circumstances, unless the contrary is shown, the court can presume that parental involvement in a child’s life will further the child’s welfare.

Involvement means involvement of some kind, either direct or indirect, but not any particular division of a child’s time.

The presumption of parental involvement is unlikely to change current practice in the Family Court significantly, if at all. The principle that it is almost always in the interests of a child to have contact with a parent with whom they are not living has been upheld and applied by the courts for some time. This revision will simply serve to ensure that all those involved start from the position of a presumption of involvement by both parents.

The Government has suggested that the introduction of the presumption of continued parental involvement will ‘promote greater understanding about the way in which court decisions are made, we [the Government] believe the amendment will, in time, encourage separated parents to adopt less rigid and confrontational positions with regards to the arrangements for their children’.

The presumption of parental involvement will not apply to proceedings commenced, but not disposed of, before 22 October 2014.

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