Change to presumption of parental involvement in family law

The presumption of parental involvement is being removed in family law, meaning courts will no longer start with the assumption that contact with both parents is in the child's best interest. This change will require judges to assess each case individually, prioritising the child's welfare and safety by focusing on factors like the wishes of the child, any history of harm, and the child's physical and emotional needs, rather than assuming involvement is automatically beneficial. 

Courts will no longer operate from a starting point that both parents should be involved unless there is evidence of harm. The primary focus will shift to a holistic assessment of the child's individual needs, safety, and well-being. Judges will make decisions based on the specific facts of the case, including any history of domestic abuse or harm. The court will place greater emphasis on the child's wishes and feelings in making decisions about their involvement with each parent. 

The reform is intended to better protect children from abusive parents by removing the presumption that contact is always beneficial. This change aims to limit contact with abusive parents, as evidence has shown that the presumption can sometimes lead to children being placed in harm's way. The Ministry of Justice says this reform will enable faster and safer decisions to protect children.