Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Parent definition

What does Parent mean? In legal practice, parent describes the person(s) recognised by law as a child’s legal mother, father or second legal parent. Legal parenthood is set by legislation and case law, not by day‑to‑day care. Across England & Wales, Scotland and Northern Ireland, parentage may arise through birth, adoption, donor conception and surrogacy. The Human Fertilisation and Embryology Acts 1990/2008 define who is a mother or other parent after assisted reproduction and provide for parental orders in surrogacy. In Ireland, donor‑assisted reproduction and adoption are principally governed by the Children and Family Relationships Act 2015 and the Adoption Act 2010. Being a parent...

Court application of the Children Act 1989 presumption of continued parental involvement: illustrative scenarios and welfare analysis (England and Wales)

Published by a LexisNexis Family expert

Practice notes

Presumption of continued parental involvement

The presumption of continued parental involvement obliges the court, when deciding the following, to start from the position that a child’s welfare is promoted by the participation of each parent in the child’s life, unless shown that such involvement would not in fact serve the child’s welfare:

contested applications for orders under ChA 1989, s 8
contested applications to vary or discharge those orders
granting or removing parental responsibility in favour of a parent other than the mother

See Practice Note: Welfare of the child—presumption of continued parental involvement.

Transitional provisions state that the presumption does not apply to family proceedings begun but not concluded before 22 October 2014.

Note that the Ministry of Justice (MoJ) has announced its intention to repeal the presumption of parental involvement from sections 1(2A), (2B) and (6) of the Children Act 1989, following publication of a comprehensive review on 22 October 2025: Review of the Presumption of Parental Involvement—final report. This follows the MoJ’s Assessing Risk of Harm to Children and Parents in Private Law Children Cases: Final Report (June 2020)...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...