The Victims and Prisoners Bill was granted royal assent at the end of May 2024, one of the final pieces of legislation to be passed before the general election.
The new Act aims to improve the support and guidance received by victims of crime and major incidents, and will also implement reforms of the parole system, including preventing life-term inmates from marrying and greater ministerial oversight of the Parole Board and the early release of dangerous offenders.
Following a lengthy campaign by family and friends of Jade Ward, who was murdered by her former partner in 2021, the Victims and Prisoners Bill also includes a rule (known as ‘Jade’s Law’) that parents who kill a partner or ex-partner with whom they have children will automatically have their Parental Responsibility suspended upon sentencing.
In this blog, our specialist Family Lawyers look at the impact of Jade’s Law and answer some frequently asked questions about parental responsibility.
What is Parental Responsibility?
Parental Responsibility is a term that means you have legal rights and duties relating to your children’s upbringing.
All mothers automatically have Parental Responsibility. A father usually does if he is either married to the child’s mother or listed on the birth certificate.
Only a child’s parents will have Parental Responsibility for a child, unless there is a court order stating otherwise. In some circumstances, other people, such as grandparents or stepparents can be granted Parental Responsibility for children who are not their own biologically.
According to Gov.uk, if you have Parental Responsibility, your most important roles are to:
• Provide a home for the child.
• Protect and maintain the child.
You’re also responsible for:
• Disciplining the child.
• Choosing and providing for the child’s education.
• Agreeing to the child’s medical treatment.
• Naming the child and agreeing to any change of name.
• Looking after the child’s property.
Parents who separate continue to have Parental Responsibility for any children they share. If you have Parental Responsibility for a child, but you do not live with them, the other parent must include you in any important decisions that need to be made about their lives.
These can include, for example:
• Deciding where the child goes to school.
• Choosing or changing the child’s name.
• Appointing a child’s guardian in the event of the death of a parent.
• Consenting to a child’s operation or certain medical treatment.
• Accessing a child’s medical records.
• Consenting to taking the child abroad for holidays or extended stays.
• Determining a child’s religion.
Although most people try to avoid disagreements over arrangements for their children, it is not always possible to do so. At Bookers & Bolton Solicitors, we understand how difficult disputes about children can be and give practical advice to help resolve the situation.
If you want to know more about Parental Responsibility or need legal advice on another matter involving your children, get in touch with us today. You can call us on 01420 558335, email us at enquiries@bookersandbolton.co.uk or click here to make a free online enquiry.
What is Jade’s Law?
Jade’s Law is the name given to a new set of rules being introduced under the Victims and Prisoners Bill, which received royal assent on 24 May 2024.
It is named after Jade Ward, who was killed aged just 27 by her estranged partner Russell Marsh at her home in north Wales in 2021 while their children were asleep.
Although her ex-partner was sentenced to a life sentence with a minimum of 25 years for her murder, he retained parental rights over their four children.
This meant he still had a say in significant life decisions regarding their children. Jade’s parents, who had taken in the children after Jade’s death, were legally required to consult their daughter’s killer about decisions relating to their grandchildren’s education, health and welfare.
If they wanted to take the children abroad on a holiday, they also required Russell’s permission. In a move that added to their distress, Russell made repeated requests from prison for photographs, school reports and medical information, all of which he was able to do under the law as he retained parental responsibility.
Alongside Jade’s family, Edwin Duggan, a family friend and campaigner, advocated for a change to the law. Edwin started a petition to automatically suspend the parental rights of a parent found guilty of murdering the other parent.
The petition received 130,179 signatures and was debated in Parliament in November 2022. Following the campaign, the Government announced in October 2023 that it would introduce Jade’s Law by amending the Victims and Prisoners Bill.
Under the new law, a person convicted of the murder or manslaughter of their co-parent will automatically have their Parental Responsibility suspended and a judge will then decide whether it is in the best interests of the children involved for the removal to be imposed permanently.
Child Law Solicitors
Legal matters involving children can be complicated. At Bookers & Bolton, our specialist Family law solicitors are here to help and advise you on all your child arrangement matters.
We have extensive experience in all disputes regarding children. Our Family Law solicitors can help you in your negotiation of child arrangements, finding a suitable solution that is in the best interests of the child.
If you are unable to reach an agreement through negotiation or Mediation, we can also help support parents with court proceedings to have matters resolved by the Family Court.
Regardless of the complexity of your situation, our experienced Child Law solicitors can support and advise you on the options available to you. We will guide you through this often-complex process, working to achieve the best outcome for your child.
Our Head of Family, Paul Wilson, is an Accredited Family Mediator and member of Resolution, the Family Law group that is committed to promoting a constructive approach to family issues and considers the needs of the whole family.
Paul and the rest of our specialist Family Law solicitors are here to help and can advise you on all your child arrangement matters.
We will ensure you are safe, and your children are protected.
For more information or to speak to one of our experienced Family Law solicitors in Alton, Hampshire, please contact us on 01420 558335, email us at enquiries@bookersandbolton.co.uk or make a free online enquiry.
Paul and our other Family Law solicitors often meet clients over Zoom and can make out-of-hours appointments if required. All queries are dealt with in the strictest confidence.
