does a rapist get child contact?

[ultimatelyStrong]

Does anyone have any experience of someone charged but not yet prosecuted of rape being given child contact? When the child is a result of that rape and the “father” has PR?

What about after being prosecuted of rape?

I’vexhausted google.

Thanks ladies x

[KIP.]

can you ring Rights for Women for free legal advice. Parental rights can be removed by a court. You would have to present your case so keep all the evidence you can. Meantime you could ask about a non molestation order for both you and your child. Lots to thinks about and nothing black and white so good to get some legal advice.

[diymum@1]

a woman is fighting for this from the case from rotheram (which was a huge scandal and in the papers)where she was raped and had a baby he applied for court and shes fighting it now. not sure what the out come was but id say supervised at most. xx

[diymum@1]

What does the law say?
By BBC Reality Check

Legal guidelines in England and Wales state that all parents, regardless of parental responsibility, should be given notice of care proceedings.

This means that by default, a convicted rapist does have the right to be notified of care proceedings involving his child.

If they are married to their victim, men convicted of rape have parental responsibility and will automatically be a party in any court proceedings in which they will have their interests considered.

That’s the legal status that gives parents right to be given information about and be involved in important decisions affecting their child’s upbringing.

This doesn’t mean they have any automatic rights to contact with their children however.

Any application for access will assess the risk to a child and their welfare before allowing contact.

Councils can apply to the court to make an exceptional order in order to avoid notifying a parent of care proceedings – although it’s not guaranteed this application will be successful.

These are usually only granted in cases where the child has no relationship with the father – such as in cases of stranger rape – or where there is a risk to the child, for example in cases of extreme domestic violence.

In a statement, the authority said: “We must be clear that at no stage has it been the intention of the council to put any child at risk, or to allow any convicted child sexual exploitation offender to have care of any child.”

It was seeking clarification from the Ministry of Justice as to how legal directions relating to Family Court proceedings should be applied, it said.

This was “not just for Rotherham,” it added, “but to ensure that other councils across the country who may face similar issues are able to act with certainty and no more survivors of abuse have to experience further trauma”.

A Ministry of Justice statement said: “Local authorities can apply to courts to request permission not to notify parents without parental responsibility about care proceedings, and courts should consider the potential harm to the child and mother when making this decision.”

It added: “This is obviously a very distressing incident and the relevant departments and local authority will work urgently to understand and address the failings in this case.”

[ultimatelyStrong]

Thanks diy. The case of Sammy woodhouse is the only one I can find via google. Awful case so unbelievable.

[ultimatelyStrong]

I have a solicitor. I’m aware that it’s not an automatic block on contact in a legal sense. I’m just keen to hear any personal experiences so I can get an idea of what might happen.

[diymum@1]

i dont have experience but i can imagine they will not allow direct contact – that would be putting your child in danger.why dont you email your local MP that would carry some weight if you ask him/her to get involved xx

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