The limits of parental responsibility: When a parent is convicted of killing the other parent

A significant change to family law is due to come into force on 18 December 2026, following the introduction of Section 18 of the Victims and Prisoners Act 2024, commonly known as Jade’s Law.

Jade’s Law was introduced following the murder of Jade Ward, a 27-year-old mother from North Wales who was killed by her former partner, Russell Marsh, in 2021. Despite being convicted of her murder and sentenced to life imprisonment with a minimum term of 25 years, Marsh retained parental responsibility for their four children. This meant he could continue to be consulted about important decisions affecting the children and could request information about them from prison.

Following Jade’s death, her family and friend campaigned for a change in the law, arguing that it was wrong for a parent who had killed the other parent to continue exercising parental rights and that bereaved families should not have to start separate court proceedings to remove those rights.

The legislation is designed to protect children whose parent has been convicted of killing their other parent, by restricting the offender’s ability to exercise parental responsibility unless authorised to do so by the family court.

What is changing?

Section 18 of the Victims and Prisoners Act 2024 will amend the Children Act 1989. As a result, the Crown Court will be under a mandatory duty when sentencing to make a prohibited steps order suspending the parental responsibility of a parent convicted of the murder of the child’s other parent.

The new rules will also apply in some cases where a parent is convicted of manslaughter rather than murder. This includes situations where the court decides that the parent caused the death, but their responsibility was reduced because they were suffering from a recognised mental condition (diminished responsibility) or because they lost self-control in exceptional circumstances (loss of control). In these cases, the Crown Court must consider whether it is in the interests of justice to make an order restricting the parent’s ability to exercise parental responsibility.

What is a Prohibited Steps Order?

A prohibited steps order is a court order that prevents someone from taking a specific action in relation to a child without the court’s approval. In these circumstances, the prohibited steps order would prevent the offender from being able to exercise their parental responsibility in relation to the child without the permission of the High Court or Family Court. This is intended to prevent a parent who has killed the other parent from continuing to exercise parental responsibility as though nothing has changed.

What is Parental Responsibility?

Parental responsibility is defined under the Children Act 1989 as all the rights, duties, powers, responsibilities and authority which, by law, a parent has in relation to a child and their property. In practical terms, it gives a person the ability and responsibility to make important decisions about a child’s upbringing, including decisions about their education, medical treatment, name and religion.

The mother of a child will automatically have parental responsibility for a child upon the child’s birth. A father will automatically have parental responsibility for a child if they are married to the mother at the time of birth, or if they are named on the child’s birth certificate.

It is important to distinguish parental responsibility from child arrangements. A parent may hold parental responsibility, but this does not automatically mean that the child will live with them or spend time with them.

It is not just the parents of a child who can have parental responsibility, and it is possible to apply to the court for a parental responsibility order. It is often the case that children who are already devastated by the loss of one parent, are in the care of family members who need to be able to make important decisions about a child’s upbringing. In the circumstances where a child is being looked after by someone other than their parents, they can and should apply to court for a parental responsibility order. If a Child Arrangements Order provides that a child is to live with a person, that person acquires parental responsibility for the duration of the order (if they do not already have it).

Does this mean parental responsibility is removed?

The legislation does not automatically remove the offender’s parental responsibility. Instead, it places restrictions on how that responsibility can be exercised.

The offender will be unable to make decisions or take steps in relation to the child without obtaining the court’s permission. The order will remain in force unless and until it is varied or discharged by the High Court or Family Court.

What safeguards are in place?

The legislation provides for the relevant local authority to apply to the court to review the prohibited steps order.

The Prohibited Steps Order will not come to an end if the offender is acquitted of the murder or manslaughter on appeal, but the local authority must then make an application to the court to review the order.

These safeguards ensure that the restrictions are subject to judicial oversight and that the arrangements can be reconsidered where circumstances change.

When will the changes take effect?

Section 18 of the Victims and Prisoners Act 2024 will come into force on 18 December 2026. Importantly, the new provisions will only apply to offences committed on or after that date. They will not retrospectively apply to offences committed before 18 December 2026.

What will be the impact of these changes?

Parental responsibility for a child carries significant legal rights and responsibilities, but the ability to exercise those responsibilities must be considered in the context of a child’s safety and welfare. The planned changes to the law will provide a mechanism for restricting the exercise of parental responsibility in particularly serious circumstances without requiring separate family proceedings to obtain that initial protection.

The changes represent a further step towards ensuring that the family justice system responds appropriately to the needs of children affected by domestic abuse and homicide. It is also an important development in recognising the impact on children and the need to safeguard their welfare in these devastating circumstances. The true impact of these changes and what it will mean for the children and families affected will of course only be known once the changes come into effect.

All of the solicitors in team at Geldards are members of Resolution, which is an organisation of family lawyers and other professionals committed to dealing with matters in a constructive and non-confrontational way. For further information, the Resolution website can be accessed here: https://resolution.org.uk/.

If you would like to have a confidential conversation with one of the specialist family law solicitors at Geldards about the arrangements for children or another family law related issue, please do not hesitate to contact us.