Presumption of Parental Involvement: What Clause 17 Would Change

Since 2014, family courts in England and Wales have started most child arrangements cases from one assumption: that both parents being involved in a child's life is good for the child, unless shown otherwise. The government now wants to remove that assumption, known as the presumption of parental involvement. It would do so through Clause 17 of the Courts and Tribunals Bill.

This is a Bill, not law yet. Here is what the presumption says now, what would change, what would not, and where the Bill has got to.

What the presumption says today

It sits in section 1(2A) of the Children Act 1989, added by the Children and Families Act 2014. When a court decides certain children applications, it must presume that involvement of each parent will further the child's welfare, "unless the contrary is shown".

Two details are often misunderstood:

• "Involvement" is not 50/50. Section 1(2B) says it means involvement "of some kind, either direct or indirect, but not any particular division of a child's time". It has never meant equal time. Our 50/50 schedule guide covers how equal-time arrangements actually work.
• It already has a safety limit. It only applies to a parent who can be involved without putting the child at risk of harm.

What Clause 17 would do

The Bill's long title on the UK Parliament website includes a provision "to amend section 1 of the Children Act 1989 to remove the presumption relating to the involvement of parents in the life of a child". As Cartwright King's family team explains, Clause 17 would scrap section 1(2A), so courts would start from a neutral, unweighted look at what is best for the child instead of a starting point in favour of contact.

Why the government wants to change it

Cartwright King sets out the reasoning. The presumption was meant to keep children in touch with both parents and encourage co-operative parenting. In practice, there were concerns that allegations of domestic abuse, coercive control and other risks were sometimes played down to keep to that starting point, and that some parents trying to protect a child felt pushed into unsafe arrangements.

What would change in practice

• A neutral starting point. No legal leaning towards contact, and none against it.
• More weight on evidence. Cartwright King expects courts to rely more on fact-finding hearings where allegations are disputed.
• Clearer room to limit contact. Courts could order supervised or indirect contact, or no contact, without first having to work against a statutory presumption.

It would not create a presumption in favour of either parent, and it would not hand sole care to the parent the child lives with by default. Each case would still turn on the facts. Where both parents can offer a safe, stable home, Cartwright King expects courts to keep supporting shared parenting and regular contact.

What stays the same

The core of section 1 of the Children Act 1989 is untouched:

• The child's welfare is the paramount consideration (section 1(1)).
• The welfare checklist still guides decisions, including the child's wishes and feelings, their needs, and any harm or risk of harm (section 1(3)).
• Delay is presumed bad for the child (section 1(2)).
• No order unless it is better for the child than no order (section 1(5)).

Child maintenance is a separate system and is not affected by this change. If money is the sticking point, see our guide to the 2026 Child Maintenance Service changes.

Where the Bill is now

According to the bill stages page, the Courts and Tribunals Bill was introduced in the House of Commons on 25 February 2026, was carried over into the 2026–27 session, and completed its Commons third reading on 13 October 2026. It had its first reading in the House of Lords on 14 October. Lords second reading is scheduled for Tuesday 27 October 2026.

After that come Lords committee, report and third reading, then Royal Assent. The wording can still be amended along the way, and a change usually needs a commencement date after Royal Assent before courts apply it. Until then, the presumption is still the law. The Children Act 1989 covers England and Wales. Scotland and Northern Ireland have their own law.

What co-parents can do now

• Focus on the child's day-to-day life. Under either version of the law, the court's question is what is best for this child. A steady routine and calm handovers count.
• Keep messages short and child-focused. If things are tense, our guides to co-parenting communication and parallel parenting can help.
• Keep clear records. Cartwright King notes that courts look for real evidence where safety is in question, such as police logs, messages and medical records. See how to keep co-parenting records.
• If you are worried about safety, get specialist support. GOV.UK lists domestic abuse help services.

The family courts are also changing how cases are run. In parts of the North West that starts in November: see Child Focused Courts in Merseyside and Cheshire, and our round-up of UK family law reform in 2026.

Where Larkling fits

Whatever the law's starting point, most families sort things out between themselves. Larkling helps that go a little more smoothly for every kind of family, whether that is two mums, two dads, platonic co-parents, a blended family or a mum and dad in two homes. You get a shared calendar both homes can see, calm messaging in one place, and expense records that show who paid for what. The core tools are always free for both parents.

This page is general information as published on 24 October 2026, not legal advice. The Courts and Tribunals Bill is not yet law and may be amended. It is based on the Bill pages on bills.parliament.uk, legislation.gov.uk and the Cartwright King summary linked above. Speak to a family solicitor about your own situation.