The rule under section 1(2A) of the Children Act 1989 that requires courts to presume that involvement of both parents in a child's life would benefit the child, unless that involvement would put the child at risk. It is still in force. The government plans to repeal it through the Courts and Tribunals Bill, which has not yet become law. If repealed, courts will instead assess each case from a neutral starting point based on the child's individual circumstances.
In Plain English
A legal rule that makes courts assume contact with both parents is good for a child unless it is unsafe. The government plans to remove it, but it still applies until the law changes. After that, each case would be judged purely on what's best for that specific child.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #181
The assumption
The law says both parents have a right to see their child — the court can't just refuse contact.
The reality
Section 1(2A) of the Children Act 1989 presumes that involvement of both parents is beneficial — it does NOT create a right to contact. The court can restrict, supervise, or refuse contact entirely where welfare demands it. PD12J requires the court to consider harm and domestic abuse before making any child arrangements order. The presumption is a starting point — not a conclusion.
Gap #217
The assumption
The government has scrapped the presumption of parental involvement, so the court no longer presumes my involvement is good for my child.
The reality
The presumption under s.1(2A) Children Act 1989 is still in force. The government announced plans to repeal it in October 2025 through the Courts and Tribunals Bill, but that Bill has not yet received Royal Assent. As of September 2026 it is still in the House of Commons, with Report stage listed for 13 October 2026, and all of its House of Lords stages still to come. Until it becomes law, the court still presumes that involvement of each parent furthers the child's welfare — unless evidence shows otherwise.
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
Find your supportWe use essential cookies only to provide you with the best experience on our website. No tracking or analytics cookies are used.