What The Government’s Plans To Remove The Presumption Of Parental Involvement Mean For Your Pathfinder Court Case

The Government has announced that it intends to remove the presumption of parental involvement from legislation in England and Wales[i]. This presumption, in place since 2014, currently means that the Family Court will usually start from the idea that a child benefits from having both parents involved in their life.

In this blog, Rebecca Bates, an Associate Solicitor in the Family Team at JCP Solicitors, talks about the proposed repeal and its aims to ensure that a child’s safety and wellbeing come first, without any automatic expectation of contact:

Why is the presumption being removed?

A recent Ministry of Justice Review found that the presumption contributed to a “pro-contact” culture, even in cases where there were concerns about domestic abuse or other risks. Removing it means the Family Court will start from a neutral position, looking at the facts of each case, rather than assuming involvement from both parents is usually best.

This does not mean contact will stop being ordered. It simply means the Court will not start with a built-in expectation.

How will this affect Court Applications?

More focus on the individual circumstances

Judges will likely assess each case on its own merits, considering the child’s needs, any risks, and the overall family situation.

Greater emphasis on safety

If there are concerns such as alleged domestic abuse, controlling or coercive behaviour, substance misuse, or poor parenting, the Court may scrutinise these issues more closely than before.

Evidence will matter more

Parents may need to provide clear information to show that contact is either safe and beneficial, or that it presents a risk.

No automatic assumption of contact

It is anticipated that decisions will be based entirely on the child’s welfare.

How will this work in a Pathfinder case?

The Pathfinder programme was initially piloted at a small sample of Family Courts in 2022, and expanded to include all Welsh Family Courts in March 2025. The Pathfinder Courts use a reformed system for managing private law children cases, with a strong emphasis on early information-gathering, safety, and problem-solving. Under the proposed repeal, the Pathfinder process is likely to become even more aligned with child-centred decision-making,  which may include:

Early triage and safeguarding checks

CAFCASS and CAFCASS Cymru will continue to complete enhanced safeguarding enquiries early in the process. Without the presumption of parental involvement, these assessments may carry even greater weight when identifying risks.

 “Getting it right first time”

Pathfinder aims to avoid repeat Court Hearings by reaching safe and workable arrangements early. Removing the presumption supports this goal by allowing a clearer focus on risks, needs, and the child’s lived experience.

More space for domestic abuse issues to be heard

Because Pathfinder Courts already prioritise safety, the proposed repeal strengthens this approach. Any concerns about harm will likely be addressed directly, and contact will not be promoted simply because of a starting assumption.

Tailored outcomes

Pathfinder encourages bespoke solutions rather than standard contact patterns. Without the presumption of parental involvement, arrangements will probably aim to be more closely shaped around what is genuinely safest and best for the child.

What should parents take away from this?

• We currently don’t know when this change will happen, so in the meantime the presumption of parental involvement still exists, and it will be interesting to see how the Family Courts will approach matters in this intervening period before the legislation is changed.
• The Court’s job remains the same: the child’s welfare is the top priority.
• Contact is still possible and often appropriate, but it must be safe and in the child’s interests.
• Cases may involve more detailed evidence and a closer look at risk.
• In Pathfinder areas, such as  Wales, the system already reflects this approach, and the repeal will hopefully reinforce it.

How we can help

If you are considering making or responding to a child arrangements Application, or if you have concerns about safety or contact, legal advice at an early stage can be very helpful.

As specialist Family Law Solicitors, we can advise you on how these changes may affect your case, help you prepare evidence, and represent you throughout the Court process.

Rebecca is an Associate Solicitor in the Family team, advising clients on a wide range of complex and sensitive family law matters, including divorce, high-net-worth matrimonial cases, child arrangement disputes, cohabitation disputes, and pre-nuptial agreements.

Rebecca is known for being solution-focused, approachable, and highly responsive, and is committed to the constructive and fair resolution of family disputes, always aiming to achieve the best possible outcome for each client.

If you are concerned about what the repeal might mean for you or your child, please get in touch. We are here to support you.

[i] Bill 389 2024-26 (as introduced) Courts and Tribunals Bill