There is to be a welcome amendment to the Victims and Prisoners Bill https://bills.parliament.uk/bills/3443 preventing a parent that is convicted of killing a partner or ex-partner with whom they have children to retain their parental responsibility upon sentencing.
An amendment to the Bill will introduce legislation to automatically remove parental responsibility from such a parent, following a review by a judge to establish that such an action is in the best interests of the child or children.
The proposed amendment arises from a growing concern about children whose parents have been involved in domestic violence, particularly 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 conveys complete domination over all important elements and decisions in the children’s lives. Such as whether they can receive medical support, which schools they can attend, whether they can go on holiday or change their name.
A parent’s parental rights are not automatically terminated solely because they have committed a crime. (https://www.reentry.net/ny/help/item.2917-Parental_Rights 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. The amendment will remove the lengthy process that bereaved relatives have to go through to restrict or remove parental authority 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 responsibility for their children, as is the case at present, may place them at considerable risk of further harm or trauma. ”Daniel further commented “the criminal justice system aims to rehabilitate offenders, the convicted parent would still have the right to due process and legal representation. They would have the opportunity to present their case and argue for their rights. It is equally important to consider the nature and severity of the crime committed. Children have a fundamental right to grow up in a safe and nurturing environment. Granting parental responsibility to a convicted murderer could infringe upon this right and expose a child to psychological and physical risks”
Parental responsibility (https://www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility) (also source) requires that a home is provided for the child and ensuring that the child is maintained and protected. Additional responsibilities are:
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- disciplining the child
- providing for the child’s education and selecting the schools
- agreeing to any medical treatment the child may require
- naming the child and agreeing to any change of name
- looking after any property owned by the child
Parental responsibility is automatically bestowed on all mothers from birth and a father married to the mother usually also has parental responsibility if his name appears on the birth certificate.
Separated parents have parental responsibility even if the child or children do not live with them. The custodial parent must include and consult with the other parent on all important decisions, such as moving abroad with the child, and agreement to such a decision must be made in writing. If there is no agreement the disagreeing parent can apply for a Prohibited Steps Order or Special Issue Order and a judge will make the decision based on the best interests of the child.
The parental responsibility held by the non-custodial parent does not provide the right to spend time with the child. However, there are steps that can be taken to obtain such a right.
An unmarried father can obtain parental rights by jointly registering the birth of the child with the mother, getting a parental responsibility agreement with the mother or by obtaining a parental responsibility order from a court.
The proposed amendment underscores the importance of prioritizing the welfare of the child in cases involving criminality where the child may be at risk, especially in cases of domestic violence, reinforces the principle that the child’s welfare takes precedence over the parental rights of the convicted offender.