The government has acknowledged the issues surrounding the ‘Jade’s Law’ petition, which was started by the family of murdered mother Jade Ward. The 27-year-old was brutally killed by her ex-partner James Marsh, who was sentenced to life for his crime.
Jade, from Shotton, was stabbed and strangled to death last August. Despite being locked up, Russell still has parental responsibility for the four sons he shared with Jade. This caused fury among those close to Jade and was at the heart of a petition which garnered over 120,000 signatures opposing Russell’s right to have power over the children.
He retains control over medical needs and whether the children can leave the country, which means that if the family were to dispute this, they would have to go through a lengthy family court hearing. The government has now “acknowledged” this problem.
They said: “The government recognizes that in situations where one parent is found guilty of murdering the other parent, the process of restricting parental responsibility for an imprisoned parent can take time, and what to do or responding to court requests, and attending multiple hearings on related parental responsibility issues can often be onerous for those involved.
“Under the Children’s Act 1989, the exercise of parental responsibility held by one or more persons may already be limited by the court, where this is considered to be in the best interests of the child. The law also allows the court to restrain people who make multiple wrongful claims in court, which can be burdensome and burdensome for family members.
“Where a child does not have a parent to care for them on a day-to-day basis, family members can apply for court orders in private law proceedings, or a local authority can initiate public law custody in view When making such orders, the welfare of the child is always the primary consideration of the court.
“In cases where one parent has been found guilty of murdering the other, the responsible local authority will have a duty to protect that child and ensure that he or she is protected from harm. This may include the initiation of care proceedings to provide the child with permanent or temporary care arrangement.
“A custody arrangement may include family members, such as grandparents, aunts or uncles, who are granted parental responsibility for the child. Alternatively, a local authority will acquire parental responsibility for the child. child where the court considers it to be in the child’s best interests.
“The court can already exercise powers to effectively remove all parental powers and authority in appropriate cases. The extent to which, and the period during which, these parental rights and powers are limited, are matters for the judge to decide. based on the facts of the case.
“The court may also exercise powers to prevent an individual from repeatedly attempting to bring matters before the court. Section 91(14) of the Children Act 1989 allows family courts to prohibit individuals to make other specific requests under the Children Act 1989 without the permission of These orders are known as section 91(14) orders.
“The court may make such an order ex officio or at the request of one of the parties involved in the private law case.
“Once an order under section 91(14) is in place, if a claimant subsequently seeks leave to make a relevant claim under the Children’s Act, the court will generally consider whether the circumstances that gave rise to the restraining order have changed.This provides protection to those caring for the child, removing the burden and distress associated with family members having to appear in court several times.
If a petition reaches 100,000 signatures, then it is considered for debate. The petition, which you can always sign here, says he is waiting 44 days for a debate date.
Cold-blooded murderer Russell Marsh has been sentenced to life for the heinous attack which saw his estranged wife, Jade Marsh, 27, also known as Jade Ward, die at his hands. You can read our coverage of the full trial HERE.
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