If you have heard that the government is “removing fathers’ rights”, this is probably what you heard about. It is worth getting the facts straight, because the reality is more measured than the headlines, and panicking about it helps nobody.
What is being proposed
The Courts and Tribunals Bill, introduced to Parliament in February 2026 and still being debated, includes a clause that would repeal the presumption of parental involvement in section 1(2A) of the Children Act 1989.
Right now, the court starts from a built-in assumption that involving both parents in a child’s life will further that child’s welfare, unless involvement would put the child at risk. The change would remove that starting assumption.
What it does not do
This is the part the headlines skip.
- It does not create a presumption against a parent. It is not “the court now assumes dads are bad”.
- It does not ban or remove contact. Nobody loses their children because of this clause.
- Your child’s welfare stays the court’s paramount concern, and the welfare checklist still applies. A safe, loving, involved parent can still expect a real relationship with their child.
What changes is the starting point. Instead of beginning from “involvement is assumed to be good”, the court would begin with an open question: what is genuinely best for this particular child? Then work it out on the facts.
Why the government is doing it
It follows a review in October 2025. The concern is that the presumption was being leaned on by abusive parents to hold on to contact and keep abuse going through the court process, and that it made children harder to protect in domestic abuse cases. The existing law already let courts restrict involvement where it was unsafe, but the government wants to remove the assumption entirely and have the court inquire from scratch.
It is not one-sided
Not everyone agrees this is the right move. Campaigners such as Both Parents Matter warn it could risk safe, loving parents being cut out without good cause, and argue the old law already had the safeguards needed. That is a fair worry, and it is exactly why the Bill is still being debated rather than law.
What it means for you
- Nothing has changed yet. This is a Bill going through Parliament, not the law of the land today.
- Even if it passes, how you actually succeed is the same. Be the safe, steady, child-focused parent, and show it in how you behave and how you write. The court will still be asking what is best for your child, and for most children an involved, reasonable dad is part of that answer.
- Do not let it become a grievance. The worst thing you can do is treat this as proof the system is rigged and act like it. That helps no one, least of all your kids. Keep your head down, stay child-first, and let your conduct make the case for you.
Source
The Courts and Tribunals Bill and the repeal of the presumption. See GOV.UK: government moves to protect children from abusive parents through new Courts and Tribunals Bill and the House of Commons Library briefing.
Information, not legal advice. The Bill may change as it goes through Parliament. Check the official sources for the current position before you rely on anything here.