Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 10 November 2025 to Question 87080 on Child Arrangement Orders, if he will make such an assessment.

The Government does not have any plans to undertake a formal assessment of the efficacy of child arrangement orders. However, we have recently published a review of the courts’ application of the presumption of parental involvement that explored the impact of decisions about child arrangements on child welfare. The Review found a high incidence of orders for direct contact between children and parents, even in cases where a parent has caused or posed a risk of harm. The evidence from the review suggested this could have long term negative impacts for children.

The Government is continually working with stakeholders to ensure that the family justice system delivers outcomes that work for children and families. The Government recently announced its intention to repeal the presumption of parental involvement from the Children Act 1989 when parliamentary time allows, alongside a wider package of family court reforms. A Child Arrangements Order may be made by the court in private family law cases to determine whom a child is to live with, spend time with or otherwise have contact with. Child Maintenance calculations are carried out by the Child Maintenance Service and are based on HM Revenues and Customs data. The calculation represents an amount of money that is broadly equal to the amount that a paying parent would spend on the child if they were still living with them, irrespective of the income or assets of the receiving parent.

The Children Act 1989 states that the welfare of the child is the paramount consideration in family proceedings. The welfare checklist in the Children Act 1989 requires decision-makers to consider the ascertainable wishes and feelings of the child concerned, and the Government has no plans to change this.

The Government believes that children’s voices must be central to family court proceedings and is delivering a new approach to private family law proceedings, known as Pathfinder. Under the Pathfinder model, a far greater proportion of children are engaged by Cafcass or Cafcass Cymru compared with the Child Arrangements Programme, and the court process puts a greater emphasis on the voice of the child through the ordering of a Child Impact Report (Report), which contains clear recommendations from the social worker, taking into account the child’s wishes and feelings.