When parents separate and cannot agree arrangements for their children, the Family Court may be asked to decide where a child should live or how they should spend time with each parent.
The fundamental legal principle is that the child's welfare is the court's paramount consideration.
However, the Children Act 1989 also currently contains a statutory presumption concerning parental involvement. In broad terms, the court starts from the position that the involvement of a parent in a child's life will further that child's welfare, unless the circumstances indicate otherwise.
The Government has proposed removing that statutory presumption.
The Courts and Tribunals Bill includes provisions that would amend the Children Act 1989 so that courts would no longer be required to begin with this particular statutory assumption.
This does not mean that parents would automatically be excluded from their children's lives.
Instead, the proposed change is intended to place greater emphasis on assessing the circumstances of the individual child and determining what arrangements are in that child's best interests.
The proposal comes alongside wider changes taking place within the family justice system.
In March 2026, the Government announced that the Child Focused Courts model, previously known as the Pathfinder model, would be expanded across England and Wales.
The approach places emphasis on early identification of risk, the child's voice and a more investigative approach to family proceedings. Government figures from the pilot programme reported that relevant cases were resolved around seven and a half months faster.
As at September 2026, the Courts and Tribunals Bill remains before Parliament and the proposed change has not yet become law.
For parents involved in a child arrangements dispute, the central principle therefore remains unchanged: decisions concerning children are ultimately determined according to their welfare and individual circumstances.
References
Children Act 1989.
Courts and Tribunals Bill 2026.
Ministry of Justice (2026) Children to Get Swifter Justice as New Family Court Approach Expands Nationally. London: Ministry of Justice.
