UK – SOUTH WEST Trends and Developments Contributed by: Will MacFarlane, Sarah Dodds, John Ebenezer and Jennifer Headon, Birketts LLP
Modern families In the surrogacy and modern families space, there have been some difficult moments in 2025, with the government announcing in April that it was not going to proceed immediately with the reforms to the parental order process proposed by the Law Com ‑ mission and a report from the UN Special Rapporteur on violence against women and girls concluding that surrogacy in all forms should be banned worldwide. The current law in England is progressive when com ‑ pared to other jurisdictions but it has not kept pace with changes in family structures and many argue it is no longer fit for purpose. There does not seem to be much political appetite to review the legislation, and against the wider, international political backdrop, reform is less likely to be at the forefront of this gov ‑ ernment’s agenda as we progress through 2026. Conclusion The last 12 months have embedded a new way of operating for family justice with transparency as default (subject to safeguards), with safety as an organising principle, NCDR as an expectation, and clearer boundaries in financial remedies following Standish . If one adds to that a renewed policy focus on nuptial agreements and a likely 2026 consultation, the direction is clear: a system aiming for clarity, con ‑ sistency and early, safe resolution. The profession’s task for 2026 is to adapt to these shifts by preparing cases as if they may be reported, to consider care ‑ fully how to help those who may be victims of abuse and, where possible, to explore the range of NCDR options available to resolve cases cost-effectively and in a timely manner. The South West is especially well placed to meet these challenges. Its family law community is rich in multidisciplinary expertise and progressive practice models. There is also a strong culture of co-operation between lawyers, mediators, therapists, financial spe ‑ cialists and the courts. Together, these professionals are not only adapting to change but helping to shape it.
court system. It is often still a challenge to get buy-in from both parties, particularly in cases where main ‑ taining the status quo through delay might assist one party’s case. However, there is definitely a move by the judiciary to question that position come a final hearing, if arbitration has been consistently suggested and refused throughout the litigation. It is generally seen to be in a child’s best interests for decisions to be made promptly if safe and possible to do so, and refusing arbitration solely as a litigation tactic is likely to receive short shrift. Children applications are also affected by the trans ‑ parency changes discussed above, and practitioners need to be alive to the changes and the implications for their cases. Repeal of presumption of parental involvement In October 2025, the government announced that it intended to repeal the presumption of parental involve ‑ ment in a child’s life that had been introduced into the Children Act in 2014. The government recognised that the introduction of this presumption, although rebut ‑ table, has been criticised for “appearing to reinforce a pro-contact culture”. It has announced that this will take place as part of wider reforms, but no detail has been given and no timeline has been announced. From a practitioner’s perspective, it is largely busi ‑ ness as usual for now, but this is something to keep on the radar throughout 2026. If it does happen, it will be interesting to see whether it changes anything on the ground and, if so, how quickly those changes will be felt. HMCTS portal expanded On a practical level, 2026 will see the rollout of the court portal for private law children applications. Courts in the South West are not part of the early adopter courts, but it is thought that the rollout will gather pace towards the end of the year. The Pathfinder programme has also been gathering momentum and has launched in a number of courts over the past three years including Dorset, Wales and Birmingham. Pathfinder introduces a very different process to the Child Arrangements Programme that practitioners are used to, front-ending the information gathering and assessments, and it is important to check what model the parties’ local court is using so you can properly advise clients.
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