Separated Dads News/Blog

This is a big one. The government announced in October 2025 that it intends to repeal the presumption of parental involvement from the Children Act 1989. In plain English, this means that family courts will no longer start from the position that it is in a child's best interests to have both parents involved in their life. Instead, each case will be assessed purely on its own merits, with child safety as the primary concern.

The change follows a long campaign by Claire Throssell, whose sons Jack and Paul were tragically killed by their abusive father during a contact visit in 2014. Claire argued that the presumption of parental involvement was being used to force contact in situations where children were at risk. Her courage in sharing her story has been instrumental in bringing this change about, and we have enormous respect for what she has been through.

However, at Separated Dads we do have concerns about what this means for the thousands of good, loving fathers who are already struggling to maintain a relationship with their children after separation. The presumption of parental involvement was introduced in 2014 specifically to address the problem of one parent being shut out of a child's life. Without it, there is a real risk that fathers who pose no threat whatsoever to their children will find it even harder to secure contact orders through the courts.

The repeal is included in the Courts and Tribunals Bill, which was introduced in February 2026. It has not yet become law, but it is moving through Parliament. If you are currently going through the family court system, or think you may need to in the future, we would strongly urge you to seek legal advice now. Understanding your rights and parental responsibility status is more important than ever.

We will continue to follow this closely and update you as the bill progresses. Whatever happens in legislation, never forget that your relationship with your child matters.

Justice Secretary David Lammy has announced £17 million in funding for 2026/27 to roll out the child focused court model to eight more areas across England. This model, previously known as the Private Law Pathfinder, is designed to make family court proceedings faster, less adversarial and more focused on the needs of children rather than the arguments between parents.

The results from the pilot areas have been encouraging. Cases are being resolved up to seven and a half months faster than under the traditional system, which is a huge improvement for families who have been stuck in limbo waiting for a court to make a decision about their children. Cafcass is also getting additional social work capacity as part of the rollout, which should mean that reports are completed more quickly and with more thorough assessments.

At Separated Dads we welcome anything that speeds up the family court process. We have heard from too many dads over the years who have waited months, sometimes over a year, for their case to be resolved. That is months of a child's life where the relationship with their father is on hold, and that time can never be recovered.

Our concern, as always, is whether the system works as well for fathers as it does for mothers. The child focused model places a strong emphasis on early resolution and mediation, which is positive, but it also relies heavily on Cafcass assessments. If those assessments are not balanced and thorough, the faster process could simply mean that unfair outcomes are reached more quickly. We would encourage any dad going through this system to engage fully with the process, attend all appointments, and keep detailed records. If you are unsure how the process works, our guide to family court is a good starting point.

£17 million is a significant investment, but whether it is enough to transform a system that has been underfunded for years remains to be seen.

Cafcass, the Children and Family Court Advisory and Support Service, has signalled a significant shift in its approach to contact cases. The organisation appears to be moving away from the long held principle that contact with both parents should happen at all costs, towards a more cautious position where the safety of the child takes priority over maintaining a relationship with both parents.

From a child safety perspective, this is understandable. There are cases where contact with a parent is genuinely harmful, and the system must protect children in those situations. Nobody at Separated Dads would argue otherwise. However, we are concerned about the practical impact this shift will have on the many thousands of fathers who are loving, safe parents but who are being denied contact by a hostile ex partner.

The risk is that a more cautious Cafcass will be quicker to recommend reduced or supervised contact based on allegations alone, before those allegations have been properly investigated. We have heard from too many dads who have faced false accusations as a tactic to prevent contact, and a system that is now more inclined to err on the side of caution could make this problem worse.

If you are going through the system right now, our advice is clear. Document everything. Keep a record of every communication with your ex, every attempt to see your children, every cancellation and every refusal. Engage with mediation wherever possible and show the court that you are child focused. When you attend Cafcass meetings, be calm, be reasonable, and focus entirely on what is best for your children. The dads who do best in the family court are those who can demonstrate that every decision they make is driven by the needs of their child, not by conflict with their ex.

This is a challenging time for separated fathers, but staying informed and being prepared gives you the best chance of a good outcome for you and your children.

There has been a lot of change in the family court system recently and if you are a dad currently going through separation or trying to maintain contact with your children, it can feel overwhelming. Here is a practical summary of where things stand and what you can do.

The government is repealing the presumption of parental involvement from the Children Act 1989 through the Courts and Tribunals Bill. This means courts will no longer automatically assume that both parents should be involved in a child's life. At the same time, the child focused court model is being rolled out more widely, aiming to resolve cases faster with less conflict. Cafcass is also taking a more cautious approach to contact, prioritising child safety over the principle that contact should happen at all costs. Together, these changes mean that it is more important than ever for fathers to be proactive, prepared and informed.

If you are an unmarried father, the single most important thing you can do right now is make sure you have parental responsibility. If you are named on your child's birth certificate (which has been automatic for births registered after December 2003), you already have it. If not, you need to obtain it either through a formal agreement with the mother or through the court. Without parental responsibility, you have very limited legal standing when it comes to decisions about your child.

If you need to apply to court for a Child Arrangements Order, the form you need is a C100, and the current court fee is £232. You may be eligible for help with fees if you are on a low income or receiving benefits. Before you can apply to court, you will usually need to attend a Mediation Information and Assessment Meeting, and the government's family mediation voucher scheme can help cover the cost of mediation sessions if you want to try resolving things without going to court. You do not need a solicitor to go to court. Many dads represent themselves successfully, and you can also take a McKenzie Friend with you for support and guidance in the courtroom.

Whatever stage you are at, do not give up. The system is not perfect, and these changes bring new challenges, but thousands of dads have successfully navigated the family courts and secured meaningful time with their children. Stay focused on your child, keep records of everything, engage with the process, and seek advice when you need it. Our guides to court are a good place to start if you are preparing for your first hearing.

A quick update on child maintenance rates for the 2025/26 tax year. The basic rates used by the Child Maintenance Service remain the same as the previous year. If you are a non resident parent, the standard rates based on your gross weekly income are: 12% for one child, 16% for two children, and 19% for three or more children.

If your child stays overnight with you, this can reduce the amount you pay. One night a week on average reduces the rate by one seventh, two nights reduces it by two sevenths, and three or more nights means you are treated as sharing care equally. It is important that you inform the CMS of your overnight arrangements, because if you do not, they will estimate that your child stays with you just one night a week.

If your gross weekly income is below £200, a reduced rate applies, and if it is below £100 or you are on certain benefits, you may only pay a flat rate of £7 per week. For those earning above £800 per week gross, an additional rate of 9%, 12% or 15% applies on income between £800 and £3,000 per week.

For a clearer picture of what you are likely to pay, check out our child maintenance guide which breaks down exactly how the calculations work and what your money should be going towards.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Rights Checker lets you check what legal rights you have as a separated father. Takes 2 minutes. Try it now →