Last month, Sheffield Heeley MP, Louise Haigh, introduced a new bill to parliament which calls upon the government and courts of law to improve the safety of women and children.
If passed, the proposed Parental Rights (Rapists) and Family Courts Bill will stop fathers of children conceived through rape from being able to obtain custody. It could see further restrictions made upon male domestic abusers.
What is the Current Law on Access?
Currently, access is allowed, but case law states they should not be notified of their right to apply for this access if they present a safeguarding risk.
Haigh said:
“The women and children we are talking about are some of the most vulnerable in our society. We, as public servants, owe it to them to reward the bravery of those who have dared to speak out.
“We cannot allow their voices to continue to go unheard, silenced and ignored, and we cannot perpetuate a system that discriminates against them and potentially places them and their children in harm’s way. It is time for the voices of those who have suffered in silence for too long to finally be heard,” she said.
This proposal would mean an amendment to the Children Act 1989, however past recommendations have faltered as the government thought it undermined a man’s right to a family under Article 8 of the Human Rights Act. Haigh called this decision ‘nonsense’.
Haigh’s proposal is inspired by the case of Sammy Woodhouse. Woodhouse was a victim of child sexual exploitation. After taking her abuser to court, she decided to put her child into protective care. Her attacker was jailed for 35 years in 2016 for his part in a grooming ring which abused more than 50 girls. However, she later found out Rotherham Council informed him of his access rights, and actively encouraged him to seek contact with their young son, without notifying her – something she believes would put her child at extreme risk.
A 2016 study by Women’s Aid found, over a ten-year period, 19 children had been murdered by a parent in circumstances related to child contact. In 12 of these cases, contact was arranged by the court.
What Rights Does a Father Have to See his Child?
A mother automatically has parental responsibility for a child from birth, however a father only has this if he is married to the mother, is named on the birth certificate or by virtue of a Court Order. It is this status which affects the rights a father has.
Simply put, parental responsibility guarantees greater rights – it allows a father to apply for a Child Arrangement Order which can force a mother to allow contact. Without responsibility, the father needs to apply for permission to make the application, which is almost always granted.
This can become further complicated if the mother decides the child would be better off if raised by someone else. Currently, under English and Welsh law, all parents, regardless of parental responsibilities, should be given notice of any care proceedings.
A council can apply to a court to make an exception to this rule in the case of abusers, however this application is not guaranteed to be successful. This is usually only granted in cases of stranger rape or where there is extreme risk to the child.
Read more: Parental Responsibility: What is it and How Do You Obtain it?
Does a Criminal Record Affect Child Custody?
This answer depends greatly on the crime committed, when it happened, if there are multiple convictions and the sentence served, and therefore what is in the best interests of the child. It is not impossible to have custody after committing a crime. However, if your actions caused emotional or physical injury to the child in question, limitations will likely be applied to avoid this happening again.
As suggested above, in some instances, the court can terminate all parental rights. However, this is rare.
Learn More from Our Family Law Solicitors
We will of course be keeping on top of any updates regarding child access rights for fathers and will be sharing them on this blog. However, in the meantime, whether you’re a worried mother, a convicted father, or a concerned family member, please contact our solicitors specialising in child custody to learn more about this area of law.
