Marie Tidball MP, Member of Parliament for Penistone and Stocksbridge, led a debate in Parliament to urge the government to repeal the law on presumption of contact in family courts, to make children’s voices central to the justice process.
During her speech, Marie told the story of the horrific murder of Jack and Paul Skyes, from Penistone, in 2014, whose abusive father set their house on fire during a court granted unsupervised access visit.
The father had a known history of domestic abuse, including making statements that he was capable of killing. Despite this, he was granted 5 hours of unsupervised contact per week with the boys.
Jack and Paul would never have been in the reach of a known domestic abuser were it not for the presumption of contact. This legal principle facilitates parents being given contact with their children, even in circumstances where a parent is a known domestic abuser.
Numerous MPs made speeches in favour of Marie’s proposed changes toghe law, making powerful points about the urgent need to ensure children’s voices are at the heart of family courts.
Claire Throssell MBE, Jack and Paul’s mother, visited Parliament to watch the debate, clutching a photo of Jack and Paul, ensuring their voices are finally heard.
Claire has been a powerful campaigner against presumption of contact since their deaths. As she was holding Jack in her arms as he died, Claire promised her sons that she would not rest until the law was changed to prevent more children dying like they did.
Claire launched her ‘Child First’ campaign with Women’s Aid in 2016, following the publication of their report bringing to light the 19 children who had been killed since 2005 as a result of presumption of contact.
In her speech, Marie raised the Harm Report, published in 2020 by the Ministry of Justice, which found that “the presumption should not remain in its present form and recommended it is reviewed urgently in order to address its detrimental effects.” The Government is due to respond to the Report.
In response to the debate, the Minister assured that after 4 years of inaction from the Conservatives, "[t]his government will publish its findings, and as soon as we can publish it with our policy response, we will.”
Marie Tidball MP ended her speech urging the Minister to act:
“Our government must do what the previous...government failed to do – by taking a child centred approach and changing the law on presumption of contact. No more towns left to grieve the way my hometown has. No more parents given the ultimate life sentence of losing a child at the hands of an abusive spouse or partner. No more parents ever having to send their child on a court-ordered visit and then hold them tightly in their arms hours later as their child dies. This government must now act to save the lives of children for generations to come by ending contact at any cost. Let’s not just imagine a world where the voice of children are put at the heart of our family court system. Where children like Jack and Paul are listened to, not ignored; where they have a childhood free of fear and oppression; where children like Jack and Paul live the lives they deserved to live. I urge [the government] to...make that world a reality.”
In response to Marie, Sarah Sackman KC MP, Justice Minister, said:
“There is no question that protecting children from violence and abuse must always be a first priority for the state...The family courts have a vital role to play in protecting children, and in safeguarding victims of violence against women and girls. It’s vitally important...that at the centre of our family courts and our family law, that the best interests of the child, and the safety of the child are always the central focus. Family courts must never be a tool that domestic abusers can continue to exert their coercive control and abuse over others. [The Harm] Review has taken place, and the government understands the concerns that have been...raised today. The [Harm] Panel recommended that we do look at the presumption of parental involvement and that is reviewed, [because...it] is leading to...negative and unintended consequences. This government will publish its findings...as soon as we can...[along] with our policy response.”
Following the debate, Claire Throssell MBE said,
“For far too long children's voices have been lost in the Family Courts. For far too long survivors of Domestic Abuse and their children are made to feel invisible in the Family Courts. So today hearing Dr Marie Tidball MP give a powerful speech and her voice for all the children including Jack and Paul who were silenced for eternity and for all the children living in fear and oppression in their own homes now. Today I was filled with renewed hope that this government will do the right thing .....not the easy thing and repeal presumption from the Children’s Act altogether. Presumption about children's safety and lives have led to too many of those children's lives being taken because a Family Court has allowed it to happen. I welcome the news that the Ministry of Justice are listening and have completed their review into presumption of contact. I await this publication and hold tight to the hope that the culture of contact at any cost within the Family Courts will cease as a matter of urgency. When Marie was rightfully elected as my MP she promised to help me put an end to unnecessary child murders. I believe she will keep that promise and I will be forever grateful to her for her support and ongoing commitment to saving children's lives. Not just for this generation but for generations of children to come.”
If you or anyone you know needs support with domestic abuse, in Penistone they can call 03000 110 110 or email info@idas.org.uk, and in Stocksbridge call 0808 808 2241. The National Domestic Violence Helpline can be contacted on 0808 2000 247 and is available 24 hours a day, 7 days a week.
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