29/04/2024

When someone is convicted of a serious sexual offence against a child they are put on the sex offenders register. This imposes restrictions on them working with or being around other people’s children.

Shockingly, however, it doesn’t protect their own children over whom they still have parental rights. In essence, parental rights trump a conviction for a serious sexual offence such as raping a child.

The current law has for a long time protected a parent’s rights over their children, even when they have serious convictions.

The issue gained public attention following the reporting of a case in which a mother had to spend £30,000 in legal fees to prevent her paedophile ex-husband having access to their daughter.

As a result, an amendment to upcoming legislation has now been tabled which would address this anomaly, automatically depriving paedophiles of their parental rights, ensuring their own children receive the same protection as other people’s.

Allowing sex offenders to retain their parental rights is a hangover from days gone by when the paedophile’s ‘right to family life’, alongside their human rights took priority, but the tide looks set to turn.

The issue of sex offenders retaining their parental rights was highlighted thanks to a pilot scheme in Cardiff, Carlisle and Leeds allowing journalists to report more freely on family proceedings. Families are still granted anonymity, but accredited journalists have been able to report on the processes taking place in family court hearings.

It is clearly wrong that serious sex offenders retain parental rights, and the other parent is forced to spend large sums of money attempting to prevent their children being put at risk. It leaves families without the financial means to go to court helpless when it comes to protecting their children from unsafe parents.

Need advice on parental rights?

For advice on this or any other family law matter, please contact our experienced family solicitors by emailing enquiry@beswicks.com, phoning our Stoke-on-Trent solicitors on 01782 205000 or our Altrincham solicitors on 0161 929 8494.