Under a proposed change from the Government, courts will no longer begin with the assumption that parental involvement is automatically in a child’s best interests.
Instead, judges will conduct an ‘open-minded enquiry’ into what truly serves the child’s welfare. Where a parent poses a risk to a child’s safety, their involvement may be limited. This could include measures such as supervised contact, restricting interaction to written communication, or, in some cases, removing involvement altogether.
Guided by the fundamental principle that every child has the right to be safe, the repeal will now move through Parliament and will ultimately be removed from the Children Act 1989. It was originally introduced to help ensure children could maintain a relationship with both parents after separation. However, evidence has shown that the current approach can sometimes leave children exposed to potential harm.
Deputy Prime Minister David Lammy said:
“Every child deserves to be safe, every victim deserves to be heard, and every family deserves a justice system they can trust.
“This Government’s priority is…making sure the safety and welfare of children remains at the heart of every decision, and that’s why we are repealing the presumption of parental involvement through the Courts and Tribunal Bill.”
For further advice and information, please contact B P Collins’ family team at enquiries@bpcollins.co.uk or call 01753 889995.
