Bill to end presumption that both parents should be involved in a child’s life reaches the Lords

The Government’s Courts and Tribunals Bill has its second reading in the House of Lords today, Tuesday 27 October, moved by justice minister Lord Lemos. It has already passed the Commons. Alongside changes to the criminal courts, the bill would amend section 1 of the Children Act 1989 to remove “the presumption relating to the involvement of parents in the life of a child”.

The presumption was added by the Children and Families Act 2014. When a family court decides arrangements for a child after separation, it must presume that the involvement of each parent will further the child’s welfare, unless there is evidence otherwise.

Why the Government wants it gone

Ministers first announced the repeal in October 2025. Confirming in March that it would be done through this bill, the Ministry of Justice said “evidence shows that the current process can leave children at risk of harm”. Without the presumption, it said, courts would carry out “an open-minded inquiry into what is in a child’s best interests”, and could still limit a parent to supervised or written contact, or end contact altogether. Deputy Prime Minister David Lammy said: “we are repealing the presumption of parental involvement through the Courts and Tribunal Bill.”

The change follows a long campaign by Claire Throssell, whose sons Jack and Paul were killed by their abusive father in 2014 during contact that a family court had allowed. A Ministry of Justice review published in October 2025, covering 32 academic papers and 245 court judgments, found that where there was no risk of harm, the involvement of both parents “generally had a positive impact on child welfare”. It also found that courts often ordered direct contact even where there were signs of high risk.

The case for keeping it

Critics of repeal, including some family lawyers, argue that it sets aside strong evidence that children do better with both parents involved, and risks non-resident parents, most often fathers, being treated as less important. They point to a child’s right to family life under Article 8 of the European Convention on Human Rights and to a relationship with both parents under the UN Convention on the Rights of the Child.

Peers will be able to table amendments at committee stage, which begins on Tuesday 10 November, with a second day on 16 November.