Talking Family Law – the Resolution Podcast

Listen to Resolution’s podcast, with guest experts discussing topical issues in Family Law, with our hosts Simon Blain and Anita Mehta.

We have now recorded over 40 episodes. Each episode is a deep dive into a particular aspect of family law. We cover general training as well as topical issues across the full spectrum of family law, from financial remedy and intervenors to abduction, private, and public law.

In each episode, we ask our guests to explain what the law is at the date of recording. This includes the leading authority or relevant statute, practical tips, and thoughts for reform. Expect lively debate and personal insights. We encourage our guests to take part in open discussion as a way of providing legal commentary, on the understanding that no one is held to the views expressed on the podcast. Next week, they may argue the opposite on behalf of their clients.

We hope the podcast gives you a sense of what Resolution is all about, and that you consider joining us if you like what you hear. More importantly, this is our way of giving back to the family law community. Whoever you are, and wherever you’re based, this podcast gives you access to insights from the country’s leading experts. There is no need to pay a fee or travel to hear them speak. Instead, you can simply download the episode and listen on your way to work.

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We were thrilled to be shortlisted for the Family Law Commentator of the Year award at the 2023 LexisNexis Awards. We were even more thrilled to win it in 2024!

Hosts Simon Blain and Anita Mehta with Resolution staff at the LexisNexis Awards 2023

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DISCLAIMER:  Nothing in any of the episodes is supposed to constitute legal advice.  We invite our guests to express personal views by way of legal commentary, this may differ from how they put their client’s case.

No liability is accepted for any error or omission about the law in respect of a particular topic.

S5 Episode 5: Repealing the presumption of parental involvement: practitioner guidance

About this episode

Hosted by: Anita Mehta and Simon Blain

Guests: Mary McKaskill, Natalie Sutherland, and Sarah Williams

Further information

On the 22nd October 2025, it was announced that the government is going to repeal the presumption of parental involvement in s1(2A) of the Children Act 1989.  Our hosts Simon Blain and Anita Mehta, ask Mary McKaskill (National Centre for Social Research), Natalie Sutherland (International Family Law Group LLP) and Sarah Williams (Forsters) about what the research to support that change shows and what it means in practice.

Natalie reminds us that the recommendation to review this section appeared in the Harm Report from June 2020. The MOJ announced that there would be a review in November 2020 and this is the report.

The review of the presumption of parental involvement involved three research projects commissioned by the MOJ. Mary was the Lead Researcher in the team that undertook the judgment analysis. They reviewed 245 judgments from eight courts including one in Wales. There was also a literature review of academic papers and grey literature by Alma Economics and qualitative research in the form of interviews with Black, Asian and Ethnic minorities by the Race Equality Foundation. The MOJ report Review of the Presumption of Parental Involvement: https://assets.publishing.service.gov.uk/media/68f5f5c206e6515f7914c7e3/Review_of_the_Presumption_of_Parental_Involvement_Final_Report_.pdf

Mary was clear that the judgment analysis had to grapple with challenges such as variability of data, lack of accessibility, struggling to find records of the actual judgment, the detail of the specifics of the order or how a specific decision was reached.  There is also always a risk of bias or that certain experiences were not captured given this was a sample. Nevertheless, the report does find:

  1. More times than not, some form of child arrangement is ordered.  The report found that the courts did follow a ‘no stone unturned’ approach to foster involvement with both parents even where there was found to be a risk of harm.
  2. That it was not possible to understand from the study what weight the presumption had in decision making.
  3. However, involvement was almost always ordered, even where there were risks, so the report expresses concern that this is in contradiction with the child’s welfare.

The report was unable to explore the long-term impact of the orders that are being made, which would require a longitudinal study.

Natalie and Sarah go on to discuss the impact of this report, together with the review of the first pathfinder pilot, ‘Understanding the Experience of Children and Families’ https://assets.publishing.service.gov.uk/media/695544d06a4ea67a402a839c/Private_Law_Pathfinder_Pilot.pdf

Natalie noted that in the review of Pathfinder, there were parents who appreciated the efficiency of Pathfinder, but others who felt they had not been heard.  Sarah was concerned that Pathfinder is dependent on support being provided from charitable partners and that is dependent on their availability.  Natalie considered whether the removal of review hearings has had an impact on outcomes, and whether this should have remained part of Pathfinder.

Mary concludes by telling us that the report found that the voice of the child is not heard in private law proceedings. The finding was that children’s voices were amplified when they agreed with the Court, i.e. wanting contact but diminished when they did not.

After we recorded this episode, it was announced that parliamentary time and a statutory vehicle has now been found for this legislation.

In/Fertility in the City – Natalie’s podcast with Somaya Ouzzani, can be accessed on their webpage: https://infertilityinthecity.com/.

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