Fathers involved in private-law children proceedings in England and Wales are watching an important proposed reform. Clause 17 of the Courts and Tribunals Bill would remove the statutory presumption that a parent’s involvement in a child’s life will further the child’s welfare unless the contrary is shown.
The Bill has not yet become law. As of 12 June 2026, it has completed Committee Stage and has been reintroduced at Report Stage in the House of Commons. The presumption remains in force until the provision is enacted and commenced.
The proposal does not create a presumption against fathers or against contact. It would change the court’s statutory starting point while leaving the child’s welfare as the paramount consideration. Courts must still assess every case individually.
Where Fathers Currently Stand
The presumption was added to section 1 of the Children Act 1989 by the Children and Families Act 2014. In specified private-law proceedings, including applications for child arrangements orders, the court must presume that the involvement of a qualifying parent will further the child’s welfare unless the contrary is shown.
“Involvement” can be direct or indirect. It does not mean equal time, shared residence, overnight contact or a particular division of the child’s week. The presumption applies only where the parent can be involved without putting the child at risk of harm, and evidence can rebut it.
Child welfare already comes first. Courts also apply the section 1(3) welfare checklist and, where domestic abuse is alleged, Practice Direction 12J. The presumption is not an automatic right to contact.
The Ministry of Justice’s October 2025 review found that most examined cases ended with some involvement between children and both parents, usually direct and unsupervised. However, the evidence was not robust enough to calculate reliable proportions across all cases. It also identified cases with serious risk indicators where direct involvement was pursued or ordered.
Why the Government Wants Repeal
The reform follows the 2020 Harm Panel report, which identified evidence of a “pro-contact culture” and recommended reviewing the presumption. The review began in November 2020 and was published in October 2025.
It concluded that the presumption was one of several factors contributing to a system strongly geared towards maintaining parental involvement. The review stressed that safe involvement can support children’s welfare, but found that involvement with a parent who caused or posed a risk of harm could be damaging.
The Government says repeal will allow courts to assess welfare and safety without an additional statutory assumption. Courts will still consider family relationships, the evidence and European Convention on Human Rights principles.
The article on the role of court ordered child contact services in high conflict parenting cases explains how structured contact may support children when conflict prevents parents from agreeing arrangements.
What Research Says About Fathers’ Involvement
The official 2025 literature review found that parental involvement generally supports child welfare where there is no risk of harm. Much of the research concerned non-resident fathers.
The quality of the father-child relationship was more consistently associated with positive outcomes than the frequency of contact alone. Warmth, reliability, appropriate boundaries and involvement in everyday activities mattered. The review also warned that some apparently positive outcomes associated with shared-care arrangements could reflect differences in family income, conflict levels or relationship quality rather than the arrangement itself.
The evidence does not support a rule that more contact is always better, or treating fathers’ involvement as unimportant. The focus is the relationship’s quality and safety for the particular child.
What Repeal Could Mean in Practice
If clause 17 is enacted and commenced, judges would no longer begin with the statutory presumption. They would continue to consider the child’s wishes and feelings, physical and emotional needs, the likely effect of change, relevant background, harm suffered or feared, each parent’s ability to meet the child’s needs and the court’s available powers.
This would not require every father to prove from scratch that he deserves contact. Evidence about parenting, reliability and the child’s experience will remain important where facts are disputed.
The article on evidence from court ordered child contact services explains how neutral session records may assist the court when supervised contact has been properly arranged.
Three Practical Steps Fathers Can Take
1. Keep the focus on the child
Present proposals in terms of the child’s routines, relationships, education, health and emotional needs. Avoid framing proceedings as a contest over parental entitlement. Courts decide what arrangement serves the child, not what feels fairest to either adult.
Comply with existing orders and agreed arrangements. Keep communications factual and respectful. Keep accurate records of attendance, handovers and important discussions without involving the child in adult conflict.
A father seeking court ordered child contact services for fathers should first consider whether supervision has been ordered, agreed or professionally recommended. Supervision should protect and support the child, not be used merely as a litigation tactic.
2. Engage constructively with professionals
Cafcass Family Court Advisers conduct safeguarding checks and may provide a safeguarding letter. If the court orders a section 7 report, the adviser assesses the child’s welfare and advises on arrangements. Constructive engagement helps professionals understand the family, but cannot guarantee a recommendation.
Attend appointments, answer questions honestly and acknowledge genuine concerns. If allegations are made, take legal advice and respond through the proper process rather than confronting the other parent or questioning the child.
The guide from court order to first visit explains practical preparation for an initial supported or supervised session.
3. Obtain proportionate professional input
An Independent Social Worker should not be instructed automatically. In proceedings, expert evidence generally requires the court’s permission and must be necessary. Where an assessment is appropriate, it should have clear questions, proper instructions and a child-focused purpose.
CAR’s ISW Services page outlines the available assessments. The article on how child arrangement services work alongside mediation also explains options that may help families reach safe arrangements without unnecessary litigation.
How Professional Contact Services Can Help
A contact service can provide a structured environment when ordinary contact is not currently safe, workable or agreed. Staff may support handovers, observe interaction and produce factual records.
Child supervised contact solutions Manchester and across Greater Manchester, Cheshire and Merseyside can assist where supervision is suitable. Reports should distinguish observed facts from professional opinion and stay within the service’s remit.
The Child Supervised Contact Services for Fathers page explains father-specific support, while the Court Ordered Supervised Contact page covers arrangements made within proceedings.
Supervised contact is not necessarily permanent. Progress depends on risk, the child’s response, compliance with boundaries and any court directions. The article on moving from child supervised contact to unsupervised contact explains how a carefully managed progression may work.
Parental Responsibility Is Not Removed
The proposed repeal concerns the presumption used when deciding children’s arrangements. It does not amend the definition of parental responsibility in section 3 of the Children Act 1989.
A father commonly has parental responsibility if he was married to or in a civil partnership with the mother when the child was born; later marries her; jointly registers the birth where this confers responsibility; signs a valid agreement; or obtains an order.
Parental responsibility does not itself guarantee contact. Equally, lacking parental responsibility does not necessarily prevent a father from applying for relevant orders. Legal advice may be important.
The page on child supervised contact services for accountants Manchester illustrates how practical arrangements can accommodate professional schedules. The Private Child Contact Supervision page explains privately agreed supervision where appropriate.
FAQs
Will repeal make fathers less likely to obtain contact?
Not automatically. The court will continue to order arrangements that serve the child’s welfare. Repeal removes a statutory assumption; it does not create an assumption against fathers.
What happens if domestic abuse is alleged?
The court must consider allegations properly and may require safeguarding information, disclosure or a fact-finding hearing. Depending on the evidence, contact may be direct, supervised, indirect, paused or refused. Unfounded allegations should not be assumed, and genuine concerns should not be minimised.
Can supervised contact be arranged without an order?
Yes, where the adults agree and the arrangement is safe and suitable. The Referrals page explains how to approach CAR.
Will existing orders automatically change?
No. Existing orders remain effective unless varied, discharged or replaced. A future change in law would not automatically reopen concluded cases, although it could affect decisions made after commencement.
Where is more information available?
The Child Arrangement Services for Parents page summarises CAR’s support. The FAQs page answers practical questions, and the Why Us page describes the team’s experience.
Take Child-Focused Action
The law is still changing, but the central principle is stable: the court must prioritise the individual child’s welfare. Fathers are best placed when they remain reliable, engage constructively, respond appropriately to concerns and support arrangements that are demonstrably safe for their children.
Contact Child Arrangement Resolutions today to discuss whether supervised contact or independent social work support is appropriate for your family and proceedings.