On 21st October 2025, The Prime Minister made a promise that he is going to ‘take presumption of contact out of law’. McAlister Family Law Solicitor, Georgina Howe, looks at how this potential change in law could impact you and your child.
The Current Law
Under the Children Act 1989, there is a presumption that a parent can be involved in a child’s life if that can be achieved in a way that does not put the child at risk of suffering harm. The courts paramount concern is the welfare of a child. Under the current law, the starting point is that a child has a right to have both parents involved in their life where that is safe.
The court is guided by the Welfare Checklist set out in the Children Act 1989 in determining whether it is in a child’s best interests to spend time with both of their parents.
Proposed New Law
The recent announcement by the government suggests that this presumption will be repealed and there will no longer be a presumption that a parent should be involved in a child’s life.
The Prime Minister, Keir Starmer, has promised that this new law ‘is going to happen’. The recent announcement sees the repeal of the presumption of contact being presented to Parliament ‘as soon as parliamentary time allows.’ This means that Parliament will debate the proposed change to the law and if successful, the new law will be passed.
This could be a groundbreaking change to the family justice system and the decisions that courts are being asked to make in relation to the arrangements for a child.
What this means for you
If this law is passed, it will no longer be presumed that your child has a right to spend time with its parents.
This will have an impact on the arrangements for your child and the way in which a court will approach any dispute between parents on what arrangements should be in place.
It is not always the case that the arrangements for a child need to be determined by a court. Parents are encouraged to agree arrangements between themselves and a court should always be seen as a last resort. What is crucial, is that you are receiving legal advice before any arrangements are put in place to ensure that your child’s welfare needs are being met. This proposed change in law will impact upon parents who are seeking to reach an agreement outside of court and so the importance of obtaining this legal advice should not be underestimated.
How we can help you
We recognise that the arrangements for a child to spend time with a parent are of the utmost importance. This proposed change in the law may leave a sense of uncertainty amongst parents. We know just how important it is to get expert legal advice to ensure that your child is protected and that your rights as a parent are protected.
We have a team of dedicated and experienced family lawyers who are advising clients both in and out of the court system on what is in a child’s best interests. We are here to ensure that your child’s welfare is at the forefront of any decision that is being made when navigating child arrangements.
We can provide legal advice on the current law and what this proposed change in law means for you. Contact a member of our team today at [email protected]
