On 21st October 2025, Prime Minister Keir Starmer announced his intention to “take presumption of contact out of law.”
At SH&Co. Family Law, Director Nicola Deakin explains what this potential change could mean for parents, children, and future child contact arrangements — and how you can prepare.
Under the Children Act 1989, there is currently a presumption of parental involvement — meaning it is generally assumed that it benefits a child to have both parents involved in their life, so long as it is safe and does not expose the child to harm.
When the Family Court considers child contact or custody arrangements, the child’s welfare is always the paramount concern.
Judges rely on the Welfare Checklist (set out in the Children Act 1989) to decide what arrangements are in the best interests of the child, taking into account factors such as:
• The child’s wishes and feelings
• Their physical, emotional and educational needs
• The likely effect of any change in circumstances
• The capability of each parent to meet the child’s needs
The government’s proposal would remove the presumption of parental contact from legislation.
If the law is changed, there will no longer be an automatic assumption that a child should spend time with both parents. Instead, each case will be decided solely on its individual circumstances and what the court considers to be best for the child’s welfare.
Prime Minister Starmer has said this reform “is going to happen,” and the proposal will be brought before Parliament “as soon as parliamentary time allows.” If passed, this would represent one of the most significant changes to UK family law in recent years — and could reshape how the courts approach child contact disputes.
If this proposed law is approved, the way courts and professionals approach contact arrangements will change.
• Parents may no longer start from the assumption that both should have contact.
• The focus will instead be entirely on what is best for the child, not on parental entitlement.
• The change could affect both court proceedings and out-of-court negotiations, including mediation or solicitor-led discussions.
It’s important to remember that not all child arrangements need to be decided in court. Many parents reach agreements privately — but this shift underlines why independent legal advice is crucial before finalising any arrangement.
At SH&Co., we guide and support parents through these conversations with sensitivity, helping you make informed decisions that protect your child’s wellbeing.
We understand that this proposed change may create uncertainty for many parents. At SH&Co. Family Law, our priority is to ensure that your child’s welfare remains at the heart of every decision.
Our trusted team of family law solicitors can:
• Explain the current child contact laws and how they apply to your situation
• Advise on what the proposed repeal could mean for your family
• Support you in reaching safe, fair, and child-focused arrangements
• Represent you in Family Court proceedings if required
We’re here to provide reassurance and expert guidance — whether you are co-parenting, considering mediation, or facing a dispute over contact.
At SH&Co., we aim to help support families to move forward with confidence, and can offer FREE initial consultations and/or fixed fee appointments for all new clients.
If you have questions about child contact, parental involvement, or family law changes, speak with our team today.
📞 Call us on 01606 48777 Or visit our Family Law page to learn more about how we can help you and your child.

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