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Changes and Trends in Children's Law 2026

Repeal of presumption of involvement

UK family law is expected to undergo significant changes to prioritise child safety, most notably with the Government moving to repeal the "presumption of parental involvement" in the Children Act 1989. The changes are currently being debated by Parliament under the Courts and Tribunals Bill.

If passed as law, this will shift the focus from an automatic presumption of contact with both parents toward child safety and welfare in cases of domestic abuse.

These changes bring hope to all parents undergoing family court disputes about their children, where domestic abuse has been flagged up.

Despite section 1(1) of the Children Act 1989 requiring that the welfare of the child should be the courts paramount consideration, section 1(2A) introduced a legal presumption that a child’s welfare is generally best served by having both parents involved in their life. This promotes shared care arrangements after separation presuming that, for the child, this would usually be beneficial.

Currently, the courts automatically promote contact with both parents. However, under the new laws, they will be required to give careful consideration of how contact with a parent accused of, or with a proven record of, domestic abuse, if allowed, would impact on the child. The courts must also consider, whether a parent’s animosity and control could be prevented and whether a safe and beneficial experience for the child can be ensured if contact is allowed. Each case will require closer assessment.

Reasons for the focus on safety, over automatic contact

The Harm Panel Report 2020 published by the Ministry of Justice found that the current system often left some children at risk. Even if the abuse was proven, the courts often felt compelled to maintain parental contact and would refuse or limit it only if a high level of risk could be proven.

The Government was under pressure following a number of cases involving the death of children following abuse (such as Claire Throssel and the more recent case of Sarah Sheriff, which shook the nation). The courts were granting domestic abuse perpetrators contact with their child despite the pleadings of the children and/or their relatives. The Government was forced to address this issue, aiming to prevent further tragedies.

Although the current law includes safeguards to restrict involvement of an abuser, or suspected abuser, where this is considered detrimental to a child’s welfare, it generally encouraged contact because the default position was a presumption that this is in the best interests of the child.

The change in law will send a clear signal that the Government is placing the safety and wellbeing of children as the key objective of decision making. It will help to remove the legal bias that often used to overshadow the risks to children and help to prevent further unimaginable tragedies.

This change will mark an incredibly important step forward in family law, providing judges with a clearer framework to ensure that the focus remains the protection of children.

May 2026

What if I die without a Will?

Without a Will your wishes are unknown and you leave your testamentary wishes to chance. This could mean your assets go to the wrong people, the wrong guardians for your children and/or your loved ones trapped in expensive legal disputes.

Although it may seem like something you can put off, estate planning is one of the most important things you can do to leave a legacy, rather than a liability, for your loved ones.

The Intestacy Rules

If you die without a valid Will, called “dying Intestate”, your estate will be distributed according to the Intestacy Rules. These rules were written in 1925 so, as you might imagine are somewhat outdated. They can leave people you would like to have inherited without any provision.

Who inherits under these Rules depends on what family you leave behind, where you lived and the value of your estate. The Intestacy Rules that apply in England and Wales are shown below.

Under intestacy, married and civil partners are in pole position to inherit. However, if you have divorced or are co-habiting, you cannot inherit under these rules. The myth of common law spouses is just that: a myth.

What about the children?

If you have children or dependants, it’s even more important that you make a valid Will early and plan for their future. Perhaps most importantly, your Will should appoint guardians to look after your children should their parents (strictly those with parental responsibility) die. If you do not specify guardians in a valid Will, the court will decide who is given responsibility for bringing up your minor children.

You might consider stepchildren and foster children as the same as your own natural children but they are excluded from inheriting under the Intestacy Rules. Although they may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, this will incur significant stress, time and cost. The best way to provide for them is to name them as beneficiaries in your Will.

Jointly owned property?

Any jointly owned property will go to the surviving joint-owner upon death of the other joint-owner. This is the typical situation for couples owning a house together. If you own your home as joint tenants with your partner, they will automatically inherit your share of the property on your death. Therefore it does not need to go through the Intestacy Rules.

If you want something else to happen to your share of property, you will need to put in place the appropriate planning to make it happen.

Wasting your wealth

Former Labour Chancellor Roy Jenkins famously described Inheritance Tax (IHT) as “a voluntary levy paid by those who distrust their heirs more than they dislike the Inland Revenue.” Although this might be overstating it, proper estate planning can certainly mitigate IHT, leaving more for your preferred beneficiaries. There are other risks that can erode the wealth you can pass on, such as care fees and legal disputes, but appropriate planning can mitigate these too.

So, whilst you might feel too busy living to plan for death, it is important to consider those you leave behind and choose to leave a legacy, not a liability.

June 2026

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