What is Parental Responsibility and how will Jade’s Law impact?
Introduction
Every parent wants to ensure that their children are safe and cared for at all times. It is important for a parent to safeguard their children against any possible risk of harm, even if that includes the child’s other parent.
On 3rd October 2023, the Ministry of Justice announced that ‘Jade’s Law’ is to be introduced to provide increased protection to children. As a result, it is important to reflect on parental responsibility in respect of the family court.
What is Parental Responsibility?
Parental Responsibility (PR) is defined as all of the rights, duties, powers, responsibilities and authority which a parent has in relation to their child.
Parents can have PR automatically, or they can acquire it. Broadly speaking:
- The child’s biological mother will automatically have PR.
- If a father is married or in a civil partnership with the mother, then they will automatically have PR.
- Fathers who are not married or in a civil partnership do not automatically have PR, but can obtain PR by having their name registered or re-registered on the child’s birth certificate, by agreement or by order of the court.
- It is key to note that step-parents and grandparents will also not automatically have parental responsibility.
What is the background behind ‘Jade’s Law’?
In 2021, Jade Ward was brutally murdered by her former partner at the age of just 27 whilst their four children slept at their home together.
Even though Jade’s former partner received a life sentence, he continued to harass and pester Jade’s grieving family through his legal representative to demand photographs and school reports of his child, which he was entitled to as he continued to have parental responsibility. This meant that Jade’s family continued to have her ex-partner involved in their lives, which many would argue is not in the best interests of a child as the perpetrator continued to exert control over the child’s life.
What is ‘Jade’s Law’ and when will it come into force?
‘Jade’s Law’ will be an amendment to the existing ‘Victims and Prisoners Bill’ so that a parent who kills a partner or ex-partner with whom they share a child will automatically have their PR suspended upon sentencing.
The suspension will apply to anyone who is convicted of the following: (1) murder; and (2) voluntary manslaughter. The victim must be the person with whom they shared PR with.
It is important to note that this legislation has not yet come into effect at the time of writing this article and further information will become available over time.
Why is Parental Responsibility important?
A person with PR has the right to make or be involved in important decisions about the care and welfare of their child. It is also a requirement that all people with PR should reach an agreement regarding the decisions that need to be made for their child. These decisions can include, but are not limited to:
- Naming the child;
- Choosing the child’s schooling;
- Making decisions regarding the child’s medical treatment;
- Giving consent for the child to go on holiday or leave the country.
It is important to note that PR and child maintenance are separate issues. If a parent is refusing to pay child maintenance, this does not impact their PR. For further details of child maintenance, please read our article on the most frequently asked questions here
What can I do if my ex-partner is refusing to co-parent with me and how can the family court assist?
If your ex-partner is being obstructive or abusive regarding the key decisions about your child’s life, then it may be that you need advice regarding making an application to the family court for the following:
Specific Issue Order – This application essentially asks the court to deal with a specific issue which the parents have been unable to agree between themselves. This can include a resident parent requesting to move away from the local area or the country permanently, to take their child abroad for a holiday, a decision about which school a child will attend, any medical treatment or changing a child’s surname.
Child Arrangement Order – Broadly speaking, this can be either a ‘lives with’ order or a ‘spend time with’ order. A ‘lives with’ order will enable the resident parent to remove the child from the country for up to one month, for the purpose of holidays, without needing to seek permission from the other parent. A ‘spend time with’ order can regulate and formalise the contact that a parent will have with their child, which can provide greater reassurance and stability to both the parents and any child. Safeguarding measures can also be put in place to ensure that any contact is taking place in a safe and appropriate environment.
Prohibited Steps Order – This order prevents a parent from exercising a certain aspect of their PR. These applications can be made on an urgent basis, for example to prevent a parent from removing a child from the UK, to prevent a child being removed from a parents care or the parent collecting a child from school. The court will only grant an order if they consider it in the child’s best interests to do so.
How can EJ Coombs Solicitors help me with my children issues?
If you are having any issues with your ex-partner in terms of arrangements with your child, then we are able to assist. Please call or email us and speak to one of our experienced specialist family lawyers who will advise you appropriately.
