Protecting Children from Parental Rights After Conviction for Crimes of Sexual Abuse
When her daughter’s father was sent to prison for child sexual abuse, Bethan was horrified to discover he could still be allowed access to their child after he was released. It was a risk she wasn’t willing to take.Outside a Cardiff courtroom, a smartly dressed young woman sits waiting, anxiously. Bethan has never been inside a family court before, but she is here to try to protect her child – whose father has been convicted of paedophile offences and is currently in jail.When he was sentenced, some months ago, he was given an order banning him from any future contact with children – but that ban does not prevent him seeking contact with his own child.He and Bethan were married when their daughter was born and so he retains parental rights, allowing him at least a say over his child’s health, education and living arrangements.Bethan is “absolutely petrified” about what will happen once he is freed from prison. She fears he might take their daughter out of school one day without her knowledge, and the only way to get the child back will be to go through the family court. While her ex-husband has their child, he could do to her what he did to the other children he abused.”You’d never forgive yourself,” she says.With the support of her parents, Bethan has taken the exceptional step of asking the court to remove her ex-husband’s parental rights and ban all contact – direct, indirect and through social media – until their daughter turns 18.Despite the severity of her former partner’s crimes, Bethan has been advised this process is likely to be difficult. She describes him as “manipulative” and fears he will be able to convince the court of his remorse.She is not entitled to legal aid, and even before the first hearing, the costs for her solicitor and barrister are already mounting.
But since January, accredited reporters have been allowed inside family courts in Leeds, Carlisle and Cardiff – allowing closer scrutiny of the actions of local authorities and the courts, subject to strict rules of anonymity.
BBC News has been following Bethan’s case for the last six months.
A social worker from Cafcass Cymru, the children and family court advisory service for Wales, is also there.
Bethan’s former partner tells the court he accepts he is in prison for crimes of a “very serious nature” and says he “wants to be present for his child”, should she want to have a relationship with him. He has been writing letters to her every week, which he cannot currently send.Later, he makes what appears to be a heartfelt appeal – he is a father “who loves his child without end” he says – his voice breaking as he tells the court he “wishes he could be there” for his daughter.For Bethan it is “just unbearable” to listen to, and “incredibly painful” to try to reconcile this man with “the horrors that he put those children through”.
“Even if somebody is in prison for very serious paedophile offences, they retain the parental responsibility,” she says – describing Bethan as “brave” for going through with this.
The case progresses quickly, and Bethan is back at Cardiff Family Justice Centre three months later. The social worker’s report is highly critical of Bethan’s ex-husband. He appears to break down and says he is “sorry he cannot be the father his child deserves”, before thanking the court. He hopes he can be reassessed when he’s released and requests an annual report detailing how his daughter is doing. For Bethan, this kind of indirect contact feels unacceptable. When her barrister questions what value such a report would have, the father of her child interjects.
“It would have exponential value to me,” he says.
As the case progresses, Bethan’s legal bills continue to stack up. To help her with the fees her parents extend the mortgage on their home, something that will “significantly change their future” – but their priority is protecting the family.”I feel sorry for people who can’t find that money,” Bethan’s father says. “They are in a horrible situation.”
For Bethan – who has spent hours researching family law and who has read many accounts from parents who do not get the decision they hoped for – it is an “enormous relief”.”I was just so grateful,” she says.
Bethan’s parents are very pleased, too.”For the first time in three years they freed my daughter to be able to raise her child in a normal, happy, healthy way,” Bethan’s mother says. “We can’t explain how excruciatingly painful it has been.”
The family believe others could avoid similarly costly court cases if the law is changed to automatically suspend parental rights from paedophiles when they are sentenced, and only restore them if the offender applies to a family court.
The Ministry of Justice told the BBC they are “carefully reviewing the approach to parental access to make sure all children are kept safe”.
Bethan and her parents believe the presence of journalists in court under the new transparency scheme has really benefitted them, and will also be helpful to others in future.
Bethan’s mother says the girl now “can have a normal childhood – she can be safe”.One day, Bethan will carefully tell her child about their father – she says she will do so when she is old enough.
This story uses a false name to protect Bethan’s privacy.
If you’ve been affected by issues raised in this story, there is information and support available on BBC Action Line.
