Child Arrangements and Sexual Offences: What You Need to Know

Child arrangements cases involving a parent with a conviction for sexual offences are among the most sensitive and complex issues that the family courts face. These cases require a careful balancing act between protecting the child’s welfare and upholding the fundamental principle that children benefit from maintaining a relationship with both parents, where it is safe to do so.

At CH Family Law Ltd, we understand the difficulties these cases present for parents and offer expert guidance to help them navigate the legal process.

The Court’s Approach to Risk and Contact

The welfare of the child is the court’s paramount consideration in any child arrangements case. When a parent has a conviction for sexual offences, the court will be particularly concerned about the potential risk to the child. However, this does not automatically rule out contact.

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Key considerations include:

• The nature  of the offence: The court will examine the details of the conviction, including whether it involved a child, the severity of the offence, and whether the offender has shown remorse or taken steps to rehabilitate.
• Current  risk assessments: The court may require reports from social services or other professionals to evaluate the current level of risk posed by the  offending parent.
• The  child’s views: Depending on the child’s age and maturity, their wishes  and feelings may be considered.

If the court determines that the risk can be effectively managed, it may allow contact under controlled conditions, such as:

• Supervised   contact: The child sees the parent in the presence of a qualified professional.
• Indirect  contact: Letters, emails, or video calls may be permitted to maintain a connection without physical interaction.

This approach allows the court to strike a balance between safeguarding the child and recognising the potential value of maintaining a relationship with both parents.

Discharge of Parental Responsibility

In cases involving serious sexual offences, the other parent may apply to the court to have the offender’s parental responsibility discharged. This is a significant legal step that removes the parent’s rights to make decisions about the child’s upbringing, such as education, medical care, and religious practices.

What does this mean?

• If parental responsibility is discharged, it becomes extremely difficult, if not impossible, for the offending parent to apply for child arrangements  or regain contact through the court.
• The court will only grant such an order if it is satisfied that it is in the child’s best interests. This typically happens in cases where the risk to the child is deemed so severe that any involvement by the offending parent would be detrimental.

The Impact of Discharge
Without parental responsibility, the offending parent loses most legal avenues to re-establish contact in the future. It underscores the importance of addressing risk factors and demonstrating rehabilitation early on to preserve the possibility of maintaining a relationship with the child.

How Can a Parent Manage Risk and Rebuild Contact?

If you have been convicted of a sexual offence but wish to pursue contact with your child, there are steps you can take to demonstrate that the risk you pose can be effectively managed:

1. Engage in rehabilitation programs: Completing therapy or counselling tailored to your offence can show the court that you are actively working to change your behaviour.
2. Cooperate with social services: Being open and cooperative with professionals involved in your case can build trust and provide evidence of your commitment to safeguarding your child.
3. Follow  court orders: If the court permits supervised or indirect contact, adhering strictly to these arrangements can help build a case for increased contact over time.

The court will always prioritize the child’s safety, but a genuine commitment to rehabilitation and risk management can make a significant difference.

The Role of Legal Representation

Navigating child arrangements cases involving convictions for sexual offences is legally and emotionally challenging. It’s essential to have expert legal representation to ensure your case is presented effectively and that the court has a full understanding of your circumstances.

At CH Family Law, we have extensive experience in complexchild arrangements cases. We provide clear, compassionate, and robust advice tohelp you understand your rights and the best way forward.

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