New law could stop killers' parental rights in NI

A yellow sky with a child sitting on the shoulders of an adult.

People convicted of killing a person with whom they share a child could be automatically stripped of their parental responsibility under potential new legislation.

The proposed changes to family law are being considered in a public consultation, which was launched on Tuesday.

The consultation will also explore whether offenders of other serious crimes could have their rights to their children restricted.

In September, BBC News NI reported calls for legislative change from a woman who was fighting to stop her sex offender ex-husband having contact with their child.

She said the launch of the consultation gave her "hope" that those left dealing with the trauma of another person's offending were "finally being listened to".

John O'Dowd has short grey hair and is wearing a navy suit, grey tie and light blue shirt.

The reforms are being led by the Department of Finance, which has responsibility for family law.

The minister, John O'Dowd, said "the safety, welfare and wellbeing of children are among the most fundamental responsibilities of government".

He said there had been a number of "highly distressing" homicide cases in Northern Ireland in recent years, with "several directly impacting children through devastating exposure to violence, trauma and bereavement".

"Decisions concerning parental responsibility and child arrangements are currently dealt with on a case-by-case basis by the Family Court, often requiring bereaved family members and carers to navigate legal processes at a time of profound grief.

"I want to see legislative reform that places children's welfare and victims' rights at its heart, while easing the burden on families."

What is Jade's Law?

When implemented, it would enable courts to suspend the parental responsibility of a parent convicted of the murder or voluntary manslaughter of a partner or ex-partner with whom they share a child.

The law is named after Jade Ward, who was 27 when she was murdered by ex-partner Russell Marsh in 2021.

O'Dowd told BBC NI that since he first announced potential similar reforms in Northern Ireland around murder and manslaughter, he had been contacted by a number of individuals and advocates concerning other serious crimes.

He said he therefore took the decision to broaden the scope of the consultation.

That would include looking at other serious offending, such as child-related sex offences like grooming and possession of indecent images.

'A right not a privilege'

Sonya McMullan, regional services manager at Women's Aid Federation Northern Ireland told BBC News NI that "parental responsibility is a right not a privilege".

"That's something we see daily, the impact domestic abuse has on children and young people."

She said the consultation provides scope to be able to "widen out" the family law.

"I think the minister has been very open about that. Let's start these conversations, let's engage with families, victims, survivors and key stakeholders to see how far we can widen that because ultimately it's the rights of the children and we have to take them into consideration at all times," McMullan said.

Carey Baxter, chairperson of Men's Alliance Northern Ireland, said "anything that is going to improve the situation for children has to be welcomed".

Speaking of when convictions are in place, Baxter said: "We would 100% support any of those occasions where that is happening and that parental responsibility is removed."

"But there is a bigger picture to this, overall, where we see men facing false allegations, staging and the timing of when such things happen is hugely important," he said.

"Parental responsibility, is it removed, is access denied to children immediately when an allegation is made or is it at a later stage where a conviction has been obtained?"

Original source New law could stop killers' parental rights in NI

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