It has recently been announced by the Justice Secretary, Alex Chalk KC, that the government will introduce to new laws to better protect children from harm.
The proposed new law would be introduced by The Victims and Prisoners Bill, which will be amended to include a provision that a parent who murders a partner, or ex-partner, with whom they have children together, will automatically have their parental responsibility of their child(ren) suspended upon sentencing.
The law will be named after Jade Ward, who was murdered by her former partner in 2021. Jade’s family campaigned tirelessly to change the law, after experiencing difficulties in making decisions regarding the welfare of the children whom she had left behind.
This was because, despite being convicted for her murder, the children’s father still retained his Parental Responsibility.
Parental Responsibility is defined in the Children Act 1989 as all of the ‘rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to that child and their property’.
A biological mother would automatically have Parental Responsibility for her child from birth. However, a father would normally only have Parental Responsibility if he is either married to the child’s mother, or is listed on the child’s birth certificate. Fathers without Parental Responsibility can acquire PR via agreement or an Order of the Court.
Generally, anyone other than a biological parent seeking Parental Responsibility for a child must have this conferred upon them by virtue of a Court Order.
Effectively, this meant that the grandparents who were caring for the children had significant difficulty in making decisions in respect of the children’s education, health and travel, as the father exercised his Parental Responsibility and refused to allow them to be involved in the decision making. The father also continued to request updates in respect of the children’s wellbeing and schooling from the grandparents.
The introduction of this new law will apply to anyone who is convicted of the murder or voluntary manslaughter of a person with whom they share Parental Responsibility, and this would then be reviewed swiftly by a Judge to ensure that it was in the children’s best interests. It is suggested that there could be an exemption to those victims of domestic abuse, who subsequently kill their abuser.
The hope is that the introduction of this legislation will better protect children by preventing convicted killers from having any say over key elements of the children’s life, including whether they can access therapeutic support, go on holiday, or change schools.
This will also provide better support for those individuals who subsequently undertake the care of the children, as they would not have to pursue court proceedings to restrict (or remove) the convicted killer’s Parental Responsibility.
In cases where domestic abuse and children issues are relevant, a family lawyer can help with obtaining immediate protection by way of an injunction, as well as assist with other issues in the relationship, including; divorce and separation, obtaining an occupation order to regulate occupation of the family home, and child arrangements orders.
If you know anyone who would like advice about domestic abuse or family issues, please contact our Family Team by calling 01206 700 113 or contact us.