Clause 17 Explained: Where the Presumption of Parental Involvement Repeal Actually Stands

Media sweep position: 25 September 2026

Clause 17 of the Courts and Tribunals Bill 2026 proposes to repeal the statutory presumption of parental involvement in section 1(2A) of the Children Act 1989.

It is important to separate three different points:

• The presumption is currently part of the law in force in England and Wales.
• Clause 17 is included in a Bill, but it is not law yet.
• Even if enacted, the repeal would not take effect until a commencement day is appointed by regulations.

This article explains the parliamentary position in neutral, practical terms. It does not argue for or against Clause 17.

What this means

What section 1(2A) currently says

Section 1 of the Children Act 1989 sets out the principles courts apply when deciding questions about a child’s upbringing.

Section 1(1) states that the child’s welfare is the court’s paramount consideration.

Section 1(2A) currently provides that, in specified proceedings, the court must presume, unless the contrary is shown, that the involvement of each qualifying parent in the child’s life will further the child’s welfare.

The presumption is not unlimited. Under section 1(6), it applies where the parent can be involved in the child’s life in a way that does not put the child at risk of suffering harm. Evidence suggesting that involvement would create a risk of harm is relevant to whether the presumption applies.

The presumption can also be rebutted if the evidence shows that parental involvement would not further the child’s welfare.

What “involvement” means

Section 1(2B) explains that “involvement” means:

“involvement of some kind, either direct or indirect, but not any particular division of a child’s time.”

That wording matters.

The current provision does not create an automatic right to equal time, shared care or a particular contact schedule. “Involvement” may be direct or indirect. The subsection does not prescribe a particular division of the child’s time between parents.

The wording of section 1(2A) and section 1(2B) can be read in the current version of section 1 of the Children Act 1989.

What Clause 17 would do

Clause 17 would repeal the presumption contained in section 1(2A) of the Children Act 1989.

If the repeal comes into force:

• the court would no longer be required to begin with the statutory presumption in section 1(2A);
• section 1(2B)’s definition of “involvement” would no longer operate as part of that presumption;
• there would not be a new statutory presumption against parental involvement created by Clause 17;
• the court would continue to decide the case by applying the remaining provisions of section 1.

The repeal would therefore remove a particular statutory starting point. It would not, by itself, determine the outcome of an individual application or establish a fixed contact arrangement.

Welfare remains paramount

Clause 17 does not repeal the principle that the child’s welfare is the court’s paramount consideration.

The welfare checklist in section 1(3) is also unaffected by the proposed repeal. The checklist includes matters such as:

• the child’s ascertainable wishes and feelings, considered in light of age and understanding;
• the child’s physical, emotional and educational needs;
• the likely effect of a change in circumstances;
• relevant characteristics of the child;
• any harm the child has suffered or is at risk of suffering;
• the capability of each parent, and other relevant people, to meet the child’s needs; and
• the range of powers available to the court.

These provisions would remain part of the statutory framework unless changed by another measure.

The Government’s stated policy intent

The following is a summary of the Government’s stated position, not the position of this article.

The Ministry of Justice factsheet says the repeal is intended to prioritise the welfare of the child. It refers to the Government’s review of the courts’ application of the statutory presumption and to concerns about a “pro-contact” culture in some family court cases.

The Government states that:

• decisions should remain centred on the child’s welfare;
• courts should assess risk and potential harm;
• the repeal is not intended to prevent safe and beneficial involvement by a parent;
• decisions would continue to be made under the remaining provisions of section 1; and
• the reform forms part of a wider package of family justice changes.

The factsheet also states that the Government intends to repeal the presumption through the Bill, subject to the parliamentary process.

Those statements describe policy intent. They do not change the legal position by themselves. The legal position changes only if the Bill completes the required stages, receives Royal Assent and the relevant provision is commenced.

Parliamentary position: stage-by-stage timeline

The dates and stages below describe what each step does and does not change.

Parliamentary stage	Position and function	What it changes	What it does not change
Current law in force	Section 1(2A) and section 1(2B) remain in force in the current Children Act 1989 framework for England and Wales.	The statutory presumption currently applies in the circumstances set out in section 1.	It does not create an automatic entitlement to equal time or a particular contact arrangement.
Clause 17 in the Bill	The Bill contains a proposal to repeal section 1(2A).	It sets out the proposed legislative change for Parliament to consider.	It does not repeal the presumption merely because it appears in a Bill.
Commons Report Stage, listed for 13 October 2026	MPs consider the Bill in detail and may debate or vote on amendments.	Depending on votes, the wording may be retained, amended or otherwise changed.	Debate or the tabling of amendments does not itself change the law.
Commons Third Reading, listed for 13 October 2026	The Commons considers whether the Bill should pass in its current form to the House of Lords.	A vote to pass the Bill sends it to the Lords.	Third Reading is not Royal Assent and does not itself commence Clause 17.
House of Lords stages	The Lords considers the Bill through its own stages, including Second Reading, committee consideration, Report Stage and Third Reading.	The Lords may approve, reject or amend provisions, subject to the parliamentary process.	The Bill remains a Bill until it completes the required process and receives Royal Assent.
Royal Assent	The King formally approves the Bill after it has passed both Houses in the required form.	The Bill becomes an Act of Parliament.	Royal Assent does not necessarily mean that every provision takes effect immediately.
Commencement	Clause 17 would commence on a day appointed by regulations following Royal Assent.	On the appointed day, the repeal would take effect according to the enacted legislation and commencement arrangements.	The Bill itself does not specify a fixed repeal date.

The official Parliament listing should be treated as the primary source for the Bill’s live stage and future business. Parliamentary dates can change.

What the repeal would not mean

Based on the wording described in the Bill and the Government’s factsheet, Clause 17 would not:

• remove the court’s duty to treat welfare as paramount;
• remove the welfare checklist in section 1(3);
• establish a presumption against a parent;
• require a particular outcome in every case;
• create an automatic rule that children must live with one parent only; or
• set a fixed commencement date in the Bill itself.

The precise effect in any individual proceedings would depend on the law in force at the relevant time, the facts of the case, the evidence and any transitional provisions or procedural guidance that may be published.

What to do next

This section is procedural only.

1. Track the official Bill page

Use the official Courts and Tribunals Bill page on the UK Parliament website to check:

• the current parliamentary stage;
• amendments and papers;
• scheduled Commons or Lords business;
• whether the Bill has completed its remaining stages; and
• whether Royal Assent has been recorded.

Do not rely solely on headlines or social media summaries. The wording and status of a Bill can change during its passage.

2. Check commencement before relying on a change

If the Bill becomes an Act, check whether regulations have appointed a commencement day for Clause 17.

There is no fixed repeal date in the Bill itself. The position may therefore differ between:

• the date of Royal Assent; and
• the date on which the repeal legally takes effect.

Before taking procedural steps, check the latest legislation, commencement regulations and any official guidance.

3. Obtain advice on how the current law applies

Until Clause 17 is commenced, the current statutory framework remains relevant in England and Wales, including section 1(2A), section 1(2B), section 1(3) and the other provisions of the Children Act 1989.

A solicitor or suitably qualified adviser can explain how the law currently applies to a particular situation. Fathers Rights also publishes general information on UK family court hearings and representing yourself in a UK family court. These resources are general information and should not be treated as a substitute for case-specific advice.

Where is the verified source?

The principal sources for this explainer are:

1. Ministry of Justice and HM Courts & Tribunals Service: Courts and Tribunals Bill factsheet
   This explains the Government’s stated policy intent, the proposed repeal and the continuing role of welfare and the welfare checklist.

2. UK Parliament: Courts and Tribunals Bill 2026, Bill 4083
   This is the official parliamentary record for the Bill’s progress, documents and stages.

3. Legislation.gov.uk: Children Act 1989, section 1
   This contains the current statutory wording of section 1, including subsections 1(1), 1(2A), 1(2B), 1(3) and 1(6).

England and Wales scope and disclaimer

This is a general-information article focused on the family justice framework in England and Wales. Scotland and Northern Ireland have separate legal systems, legislation and court procedures. The position described here should not be assumed to apply in Scotland or Northern Ireland.

This article is not legal advice and does not assess any individual circumstances. It contains no names, case numbers, court locations or children’s details, and does not identify any protected party. Check the official parliamentary and legislation sources before acting, and obtain independent legal advice where necessary.