Asked by: Andy MacNae (Labour - Rossendale and Darwen)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether her Department plans to bring forward legislative proposals to automatically limit a surviving parent's parental responsibility over their child in cases where one parent has unlawfully killed the other.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Section 18 of the Victims and Prisoners Act 2024 provides that where one parent kills the other, the Crown Court will be required to restrict the exercise of their parental responsibility for any children they shared at the point of sentence.
The measure will protect children and shield carers from the further distress that might come with making an application to restrict the exercise of parental responsibility at what will already be the most difficult of circumstances. We are now working with key partners including Local Authorities, the Crown Prosecution Service, the National Police Chief’s Council and HMCTS, ahead of commencement, to establish the best system for this change. This includes developing any relevant changes to the criminal and family procedure rules as well as broader guidance for practitioners and families.