Section 1(2A) of the Children Act 1989 establishes a statutory presumption that ‘involvement’ of both parents in their children's lives after divorce or separation is in children's best interests. This paper sets out to examine what effect this had had. The aim of the legislation was to improve the transparency and clarity of judges’ reasoning. This would help to reduce the numbers of parents litigating and would placate fathers’ rights groups who were damaging confidence in the family justice system. Drawing on a sample of reported cases, this paper concludes that, at the higher levels, courts are not implementing the presumption. Nor has the presumption succeeded in placating fathers’ rights groups or significantly reducing the number of cases coming to court. It appears that the presumption has had little impact and the government's aims have not been realised. However, where it is having some impact, the presumption may be putting mothers and children at risk.
