October is Domestic Violence Awareness month and it seems fitting therefore that the Government used this month to announce an intention to introduce “Jade’s Law”. As part of the Victims and Prisoners Act 2024, Jade’s Law has now taken effect and is a critical step forward in protecting children from ongoing harm in the aftermath of domestic abuse.
Who was Jade Ward?
Jade Ward was a 27-year-old woman living in Shotton, Flintshire. In August 2021, she was brutally murdered by her estranged husband, Russell Marsh, with whom she had four children. Throughout their relationship, Russell Marsh exerted coercive control, isolating Jade from her friends and family. This horrific attack came shortly after their separation.
Although Mr Marsh was sentenced to life in prison with a minimum term of 25 years, he retained parental responsibility for all four children. From behind bars, he continued to wield control, inflicting further trauma on Jade’s children and family by exercising that responsibility.
What is Parental Responsibility?
Parental responsibility is the right to be involved in major decisions regarding a child’s upbringing—such as their education, cultural and religious exposure, and medical care. Mothers automatically acquire it at birth. Fathers obtain it if they are married to the mother or if they are named on the birth certificate in the case of unmarried parents.
In Jade’s case, this meant her killer was legally entitled to remain involved in decisions affecting their children’s lives. In response, her family campaigned tirelessly to change the law.
For a more detailed explanation, please see our article: Understanding Parental Responsibility.
What Has Changed Under Jade’s Law?
Jade’s Law—now in force as part of the Victims and Prisoners Act 2024—means that when a parent is convicted of the murder or manslaughter of the other parent, their parental responsibility is automatically suspended upon sentencing.
Previously, a family had to apply to the Court to remove parental responsibility—a process that was not only lengthy and costly, but deeply traumatic. Now, the burden of proof has shifted.
The convicted parent must now apply to the Court if they wish to regain parental responsibility, with a swift judicial review taking place. In every case, the child’s welfare and best interests remain the Court’s paramount consideration.
This change provides immediate protection to children and families in the most tragic circumstances, sparing them from a drawn-out legal battle.
The Campaign Behind the Change
Jade’s family—particularly her parents Karen Robinson and Paul Ward, along with family friend Eddie Duggan—led a determined campaign for legislative reform. Their petition gathered more than 130,000 signatures, drawing national attention to this critical issue.
After initial hesitation from the Government, the law was ultimately passed following a pledge by Justice Secretary Alex Chalk KC at the Conservative Party Conference. Jade’s Law now stands as a powerful legacy to Jade and a vital safeguard for other families.
Child Arrangements and Domestic Abuse Advice from DTM Legal
While we hope circumstances requiring this law remain rare, questions around parental responsibility are common. If you need advice about your rights or arrangements for children or domestic abuse, our family law team is here to help.
Please contact Helen Davies and the Family Law team on 01244 568635 / 0151 3210000 or email family@dtmlegal.com.
