Child arrangements in 2026: what parents should know about the planned parental involvement reform

If you are separating in 2026, the rules on how courts decide child arrangements are about to shift. The government is removing the presumption of parental involvement from the Children Act 1989 through the Courts and Tribunals Bill, so courts will no longer start from the assumption that contact with both parents is automatically best for a child. Every decision will instead rest on the facts of the case. This matters whether you are applying for a child arrangements order or responding to one.

What is changing, and why

Since 2014, section 1(2A) of the Children Act 1989 has told judges to presume, unless shown otherwise, that a child benefits from both parents being involved in their life. In practice, contact became the default outcome, and parents raising safety concerns often had to argue against that assumption before the facts of their case were properly heard.

The Courts and Tribunals Bill, introduced on 25 February 2026 and now at committee stage in the House of Commons, repeals this presumption. The change follows years of campaigning from domestic abuse charities. Women's Aid and the Domestic Abuse Commissioner have backed it, while some parental rights groups warn it could make outcomes less predictable.

Aspect	Current position	Position under the reform
Starting point in court	Presumed both parents' involvement benefits the child	No starting presumption either way
Welfare checklist	Applies alongside the presumption	Becomes the central test on its own
Existing court orders	Made under the old framework	Not automatically reopened

If you already have an order in place, this does not reopen it automatically. The reform affects future decisions, not settled arrangements.

What this means in practice

Say a father in Sheffield applies for more contact, and the mother raises concerns about his conduct around the children. Under the old rules, his case started from a position of presumed benefit, and she had to produce evidence to displace it. Under the reform, neither parent starts ahead, and the court looks directly at the welfare checklist: the child's wishes, any risk of harm, and each parent's capacity to meet their needs. That is more even-handed in theory, but it also means a clear factual account matters more.

This sits alongside an expanded Pathfinder pilot, a more investigative, welfare-focused approach now running in ten court areas, with greater emphasis on fact-finding than an adversarial back and forth. If domestic abuse is part of your situation and your UK status depends on your relationship, it is worth understanding how the domestic abuse concession can affect your immigration options. Contested allegations also make legal representation in disputed cases more important than ever.

What to do now

The bill has not received royal assent, so the current law still applies. Even so, keep a dated, contemporaneous record of contact arrangements and any incidents rather than relying on memory later. If you are negotiating without going to court, collaborative approaches can produce a more workable outcome than waiting for a hearing. If money matters are also part of your separation, our guide to dividing property and finances on divorce explains how the two strands typically run together, and our overview of the divorce process in the UK is a useful starting point if you are only beginning to separate.

A presumption-free system sounds fairer, and for many families it should be. But it also raises the stakes on how well a case is prepared, since there is no statutory thumb on the scale to lean on. As family law solicitors in Sheffield, we help parents build a clear evidential picture for child arrangements hearings. Where a wider separation is involved, our divorce solicitors in Sheffield can run both strands together rather than leaving you juggling two separate processes, and clients further afield can also reach our West Bromwich solicitors or our team of solicitors in Dronfield.

FAQs

Will the presumption be removed straight away? 

No. The bill needs royal assent first, and courts continue applying the existing presumption until then.

Does this mean fathers will lose contact rights? 

No. It removes a starting assumption for everyone, so cases are decided on their facts rather than a built-in presumption either way.

What happens to my existing order if the law changes? 

It is not automatically reopened. The change affects future decisions, not arrangements already in place.

Should I wait for the law to change before applying? 

Not necessarily. If your child's situation needs addressing now, a solicitor can advise whether the current or future framework better suits your circumstances.

Talk to our family law team

If you are dealing with a child arrangements dispute, or want to understand how this reform might affect your case, contact us to arrange a conversation with one of our solicitors.