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Legal Update: 'Parental involvement' presumption

Kirsten Anderson, legal research and policy manager at Coram Children's Legal Centre, examines an amendment to Clause 11 of the Children and Families Bill that clarifies "parental involvement".

Clause 11 of the Children and Families Bill seeks to introduce a "parental involvement" presumption into English law. The clause requires courts, when considering a child's care arrangements following a parental relationship breakdown, to "presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further that child's welfare".

The presumption will only apply where a parent's involvement does not put the child at risk of harm. Currently, under Section 1 of the Children Act 1989, decisions on a child's care arrangements following a relationship breakdown must be made with the child's welfare as the court's paramount consideration.

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