As of 13 September 2026, the proposed change to the presumption of parental involvement has not become law. The current presumption is still in force, while the government is seeking to change it through the Courts and Tribunals Bill. That means headlines about a change should be read as describing an intention or proposal, not a rule that has already taken effect.
This article is about England and Wales (Scotland and Northern Ireland differ). It explains the position in plain language for separated parents who are trying to understand what may change and what remains important now. It is general information, not legal advice.
Question? Has the presumption changed already? No. As of 13 September 2026, it remains part of the law. The government has proposed a different starting approach, but that approach depends on the Bill passing and taking effect.
What the presumption means today
The presumption appears in section 1(2A) of the Children Act 1989. In everyday terms, it is a starting assumption that a child’s welfare is usually furthered by involvement from both parents. When a court considers child arrangements, that starting point forms part of the legal framework it applies.
A starting point is not the same thing as a guaranteed outcome. The presumption does not, by itself, settle what a child’s arrangements should be. The court still has to consider the circumstances before it, the child’s welfare, and safeguarding. The important distinction is between a presumption as part of the starting framework and an automatic entitlement to a particular pattern of time or communication.
This is why it is worth being precise when discussing the proposal. The current law is not a promise that every parent will receive the same arrangements. It is a presumption about parental involvement within the court’s consideration of what is best for the child.
What the government has proposed
On 22 October 2025, the government announced that it intended to repeal the presumption, following the Ministry of Justice Review of the Presumption of Parental Involvement published in October 2025. The stated aim is to change the way the court begins its inquiry.
The proposed vehicle is the Courts and Tribunals Bill, a Government Bill. It was introduced in the House of Commons on 25 February 2026 and had its second reading on 10 March 2026. It was carried over and reintroduced on 14 May 2026. As of 13 September 2026, its current stage is Commons Report stage, with a sitting listed for 13 October 2026.
The government describes the intended effect in these terms: courts would no longer start from an assumption that parental involvement is always in a child’s best interest. Instead, they would adopt an open-minded inquiry. That is a description of the proposed approach, not a description of the law currently in force.
For parents, the practical meaning of that wording is conditional. If the Bill passes in the form intended, the court’s starting question would be framed more openly rather than beginning with the assumption described above. It would still be an inquiry about the individual child’s welfare, not a new promise about what any parent will receive. Until the parliamentary process is complete and any relevant provisions take effect, the current law remains the position.
What would not change
The proposal does not replace the central focus on the child. The child’s welfare remains the paramount consideration in the family court. That is the principle that keeps the decision focused on the child rather than on either parent’s sense of entitlement.
The welfare checklist would still matter. Safeguarding considerations would still matter too. A change to the starting approach would not turn a child arrangements decision into a simple count of each parent’s wishes. The court would still need to consider the child’s welfare and the safeguarding picture in the case.
That distinction may be reassuring if you are trying to follow the debate without being pulled into frightening or overconfident predictions. The proposed reform is about the court’s starting approach. It is not a guarantee that a particular outcome will follow, and it does not make the details of a child’s needs less important.
What you can do while the position is unsettled
You do not need to wait for a parliamentary update before making the practical side of co-parenting clearer. A written parenting plan can set out the arrangements you are trying to follow, including the ordinary details that are easy to lose in separate homes. Keep it readable and focused on the child.
A calm written record can help you keep track of what was agreed, what changed, and what still needs an answer. Try to record dates, practical decisions and messages without adding commentary that could raise the temperature. A record is most useful when it reflects what happened plainly, rather than becoming another place to continue an argument.
Where it is safe and suitable for the family, try mediation first. The aim is not to predict what a court would do. It is to see whether a workable agreement can be reached with support, while keeping the focus on the child’s needs. Mediation is not the right route for every situation, particularly where safeguarding concerns affect whether joint discussions are appropriate.
If abuse or fear is part of your situation, the National Domestic Abuse Helpline is 0808 2000 247. You do not need to fit your circumstances into a general article. Specialist support can help you think about safety and the next source of information. This article remains general information, not legal advice.
A careful way to read future updates
The most useful question to ask when you see an update is: is this describing the law today, or a proposal that still depends on Parliament? For this topic, that question matters because the current presumption remains in force as of 13 September 2026, while the government has described a different approach it wants to introduce.
A good update should identify the stage of the Bill and avoid promising a start date that has not been announced. As of the date of this article, the Bill has not completed the parliamentary process, has not received Royal Assent, and has no commencement or start date. So a parent reading about the proposal should treat any future change as conditional until the official position says otherwise.
ParentGlow can help with the steady, ordinary work around that uncertainty. A written parenting plan, calm messages and a timestamped record cannot answer a legal question for you, but they can keep the practical story of your family’s arrangements in one place.
As of 13 September 2026, the presumption of parental involvement is still the law and the proposed change has not become law. The government wants to change the starting approach, but any change remains conditional on the Courts and Tribunals Bill completing the parliamentary process and taking effect.