Changes To Parental Responsibility In The Event Of Domestic Abuse Resulting In One Parent Killing The Other Parent

• Published date: 19 October 2023
• Subject Matter: Family and Matrimonial, Family Law
• Law Firm: Giambrone & Partners
• Author: Ms Daniel Theron

There is to be a welcome amendment to the Victims and Prisoners Bill that proposes to automatically remove parental responsibility for a child from parent that is convicted of killing the other parent with whom they share that parental responsibility. An amendment to the Bill will introduce legislation to automatically suspend parental responsibility from such a parent.

The proposed amendment arose in part due the death of Jade Ward, whose partner, Russell Marsh killed her in 2021. He was convicted and sentenced for a minimum term of 25 years in prison. Under the current legislation which shall be changed with the proposed amendment, the father is entitled to information about the child due to his position as a parent with parental responsibility, and repeatedly contacted the Ward family for photographs and school reports. Jade's parents, Karen and Paul, have campaigned for the reforms now announced by the government.

There has been a growing concern about children whose parents have been involved in domestic abuse, in cases where one parent has been convicted of murder or voluntary manslaughter of the other parent and where the offender still has parental responsibility which asserts domination over all important elements and decisions in the child's life. This can include important decisions as to whether they can receive medical treatment, which schools they can attend, whether they can go on holiday or changing their name.

Parental Rights

A parent's parental rights are not automatically terminated solely because they have committed a crime. Currently, in the case of a serious conviction, the termination of parental rights requires a separate legal process and is based on the best interests of the child. Judges already have the ability in such cases to remove parental responsibility if the family of the deceased makes such a request, however it causes further emotional distress to bereaved families who need to engage with Court proceedings and bring the matter before a Judge. The amendment will remove the lengthy process that bereaved relatives have to go through to suspend or remove parental responsibility from the offender to enable them to make decisions on behalf of the child.

Daniel Theron, a partner, comments "the proposed amendment to the Victims and Prisoners Bill will present unique challenges for the legal

system. Child safety is the primary reason for the proposed amendment and by allowing the offending parent to retain parental...