The Government has announced major reforms to strengthen protections for children by removing the automatic presumption that both parents should be involved in a child’s life. The change is designed to ensure that courts prioritise safety over parental rights, particularly in cases involving abuse, coercive control, or serious offending.
Under the reforms, courts will no longer assume that parental involvement is beneficial in every case. Instead, judges will assess each situation individually, and parental responsibility can be restricted or removed where there is evidence of risk. Recent measures — including automatic suspension of parental responsibility in the most serious cases — reinforce this shift towards child-centred decision-making.
Why This Matters for Your Will and Guardianship Plans
For many families — especially those who are separated, blended, or dealing with estrangement — these legal changes highlight the importance of naming guardians formally in a will.
If a parent dies without appointing a guardian, the default position may still involve the other biological parent, even if they have limited involvement. The Government’s reforms mean courts have more discretion, but they can only follow your wishes if they are clearly recorded.
At Generation Financial Planning, we are seeing growing concern from parents in mixed families who want reassurance that their children would be cared for by the right people if the unexpected happened.
A legally drafted will allows you to:
- Appoint trusted guardians
- Prevent unwanted individuals taking control
- Protect your children’s inheritance
- Provide clarity for blended or non-traditional families
With family structures becoming more complex — and the law shifting to better protect children — now is the ideal time to review your guardianship arrangements.
For clear, practical advice on wills and guardianship planning, Generation Financial Planning is here to help.
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