Parents’ ‘right of access’ in custody battles under review

PARENTS could be stripped of their “presumed” right of access to their children in custody battles under a review announced by the Ministry of Justice (MOJ).

Robert Buckland, the Justice Secretary, has ordered the review after scandals where parents with convictions for serious crimes relating to domestic abuse – including rape and violent offences – were granted unsupervised access to their children.

One of t he most controversial involved Sammy Woodhouse, an abuse victim from Rotherham. Arshid Hussain, a convicted rapist who fathered her son, was offered a role in their child’s life despite serving 34 years in jail for leading the gang that groomed her.

The courts currently presume that both parents should be involved in the upbringing of a child unless it puts the child at risk of harm.

An MOJ i nvestigation, however, found that this presumption in the family courts had “detracted from the focus on a child’s welfare and safety – causing

‘We are determined to strike the balance between ensuring children are safe and have the best possible family life’

harm to children in some cases”.

The review, which will report next year, will investigate whether the law needs to be reformed, potentially removing the presumption and instead putting a greater onus on the child’s safety and welfare.

At least four children have been killed by a parent in the past five years after a family court granted access. Four further children have been sexually abused or seriously injured, or both.

In all the cases, social services had been aware of a history of domestic abuse allegations against the partner. The youngest victim was five months old.

In one incident, a father who went on to kill both of his children had been granted unsupervised contact with them in an interim order. A serious case review found that numerous professionals – including a social worker, a teacher and an official from court support service Cafcass – had been too scared to be left alone with him because of his aggressive behaviour.

Alex Chalk, the Justice Minister, said: “We are determined to strike the right balance between making sure children are safe while ensuring they have the best possible family life. This is a complex area and any action following this review must be rooted in solid evidence.”