One of the final pieces of legislation to be passed before the dissolution of the previous government was the Victims and Prisoners Bill, which received royal assent at the end of May 2024.
The new Act aims to improve the support and guidance offered to victims of crime and major incidents and includes plans to introduce a series of reforms to the parole system.
Victims’ Commissioner Clare Waxman says the intention is for victims to not be treated as bystanders in the criminal justice system, but instead “play a central role with enhanced rights that will improve their status and experience of the justice process”.
One of the key elements of the Victims and Prisoners Act 2024 is the inclusion of ‘Jade’s Law’. This rule states that parents who kill a partner or ex-partner with whom they have children will automatically have their parental responsibility suspended upon sentencing.
It is named after Jade Ward, who was murdered by her former partner in 2021. Despite being found guilty of her murder, Jade’s ex-partner retained parental responsibility over their four children, meaning he still had a say in decisions regarding their care.
In this blog, our experienced Child Solicitors look at Jade’s Law in more detail and consider its likely impact.
What is Jade’s Law?
Jade’s Law is the name of a new set of laws included in the Victims and Prisoners Act 2024, which received royal assent on 24 May 2024.
The creation of Jade’s Law means parents who kill someone they have children with will have parental rights suspended on sentencing.
It is named after Jade Ward, who was stabbed and strangled to death aged 27 at her home in north Wales in 2021 by her estranged partner Russell Marsh, who was the father of her four children.
Russell Marsh was sentenced to life imprisonment for her murder and her children were taken in and cared for by Jade’s parents.
However, as Russell retained parental responsibility for the children, he was entitled to be consulted over various decisions relating to their education, health and welfare. He would also have to give his permission if Jade’s parents wanted to take the children abroad on holiday.
Marsh also made repeated requests from prison for school reports, photographs and medical information, inflicting further trauma and distress on the family.
What is parental responsibility?
Parental responsibility refers to the rights, duties, powers, responsibilities and authority a parent has in relation to their child.
Someone with parental responsibility doesn’t automatically have the right to spend time with their children. However, if two or more people have parental responsibility for a child, they must include the others when making important decisions about their lives.
Who has parental responsibility?
All mothers automatically have parental responsibility over their children from birth.
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, unless there is a court order stating otherwise. In some circumstances, other people, such as grandparents or stepparents can apply for parental responsibility for children who are not their own biologically.
What does parental responsibility involve?
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.
Separated parents continue to have parental responsibility for any children they share.
What decisions do you have to make with other holders of parental responsibility?
Any major decisions about a child should be made jointly by all those with parental responsibility for that child. 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.
Routine decisions about a child’s day-to-day care can be made by the resident parent or the person with whom a child lives.
At Bowsers Solicitors, we understand that disagreements over arrangements for children are difficult and cause added stress. However, sometimes they are unavoidable.
If you are finding it hard to reach an agreement with an ex-partner over child arrangements, we can help. Our experienced child law solicitors will advise you where you stand legally and offer practical advice and guidance on how to best resolve the situation with minimum distress for you and your children.
We can assist with a variety of children-focused matters, including Parental Responsibility Orders, Child Arrangements Order, Specific Issue Orders and Prohibited Steps Orders.
To speak to our specialist children lawyers, call us today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
What will change under Jade’s Law?
Following the introduction of Jade’s Law, a person convicted of the murder or manslaughter of their co-parent will automatically have their parental responsibility suspended so bereaved relatives will not have to apply for this.
A judge will then decide whether it is in the best interests of the child for the removal to happen permanently.
Removing parental responsibility means the parent no longer has the right to be involved in any decisions regarding their children.
The UK government said the law will protect children by preventing killers from unduly influencing their lives.
Child Law Solicitors Wisbech
Protecting the needs and interests of your children is always your priority. And it’s ours too. At Bowsers Solicitors, we have the means to help you by protecting and prioritising your child, no matter your circumstances.
Our experienced child law solicitors in March and Wisbech have been working with families in Cambridgeshire, Lincolnshire and Norfolk for many years to help resolve legal issues involving children, such as disputes about matters, residence, and parental responsibility.
Our team abides by Resolution’s Code of Conduct, meaning we prioritise negotiation and mediation to resolve all matters.
With this, we do all we can to avoid the family court. This helps to keep costs to a minimum, speed up the process and, in most cases, will make for a far more amicable situation.
If you are looking for child law advice, please contact our experienced family solicitors and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
