Big Changes to Child Arrangements Law: What Parents Need to Know

The Government has announced plans to remove the long-standing assumption that a child benefits from both parents being involved in their life. While this principle has been part of family law since 2014, its proposed removal signals an important shift.

What is changing?

Currently, the law operates on the basis that a child should have some form of involvement with both parents, unless there is evidence that doing so would not be in their best interests.

This involvement can be:

• Direct (time spent together)
• Indirect (letters, calls, communication)

The proposed reform would remove this presumption entirely. The change means the courts will no longer start from an assumption that parental involvement is always in a child’s best interest, and instead adopt an open-minded inquiry into what is in a child’s best interests. If parents are a threat to their child’s safety, they should expect to have their involvement restricted, for example through courts ordering supervised contact, involvement limited to written communication, or by ordering that there should be no involvement at all.

Why is this happening?

The Government has stated that the change is intended to better prioritise child safety and wellbeing. There are concerns that the current assumption may, in some cases, place pressure on courts to maintain parental involvement even where risks exist. The amendment aims to reduce, but not eliminate, contact with abusive parents, ensuring that decisions are made based on evidence rather than an assumption of rights.

What won’t change?

The most important principle remains the same:

• The child’s welfare will always come first
• Courts will continue to assess each case individually, considering what is truly in the child’s best interests.

What could this mean in practice?

• Greater scrutiny in cases involving domestic abuse
• A more tailored, case-by-case approach
• Potential changes in how reports and recommendations are prepared

What should you do?

If you are involved in a child arrangements matter, it’s important to understand how these changes could affect your situation.

Speak to our experienced family law team for clear, practical advice.

📩 mbh@wigansolicitors.com
📞 01942 206060