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Manchester Evening News
Manchester Evening News
National
Cathy Owen & Thomas Molloy

He murdered Jade and hid her body - but is still allowed to control her children's lives from jail

The family of a mum brutally murdered by her ex-husband are hoping to introduce a new law that prevents killers having a say in their children's lives.

Jade Ward, who should have been turning 28 next week, was stabbed and strangled by evil Russell Marsh in August of last year, as their young children slept in the next room. After carrying out his horrific attack, Marsh then hid the mum-of-four's body under a pile of clothes for the police to find at her home.

Despite being jailed for life with a minimum of 25 years, Marsh has been having a say in how Jade's four sons are brought up. The 29-year-old has asked to see the boys' school reports and attendance notes. Jade's mum Karen Robinson has also been told by social workers that if the kids' family want to take them on holiday, Marsh would have to consulted first. He can also make decisions over their medical treatment.

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Jade's family are now campaigning to make "Jade's Law" a reality, WalesOnline reports. They want to make sure that nobody else who is forced to suffer a sudden and brutal loss like they have need to endure the added pain of being faced with the killer time after time.

"It is all about control for him," says Karen. "He had lost control of Jade so he did what he did, and now he has still got control because he is controlling the boys and controlling us and it is horrific.

Jade was brutally killed by her ex-husband (PA)

"He is in prison, but his presence is still looming. Any rights should have been taken away from him the moment he took away their mother.

"It is Jade's birthday next Wednesday, her children cannot give her birthday kisses. They have now all had birthdays without her, no cards from their mother, no birthday hugs, no kisses because of their vile father.

"You cannot put into words the added worry and the stress because of him. It means we still can't move on. As Jade's mother, I know I will never be able to move on, my life has completely changed with her. But that evil, vile man, that freak is still there holding us back from being able to grieve properly."

Jade's mum Karen Robinson (Ian Cooper/North Wales Live)

The family, from Shotton, in North Wales, approached close family friend Edwin Duggan - a law graduate - for help with the campaign. After looking further into the case, he launched a petition calling for the automatic suspension of parental responsibility of any parent found guilty of murdering the other parent.

Within days the petition had been signed thousands of times and has now has received 120,262 signatures. The government has now responded, admitting the current rules are too "onerous" and last week, the family and supporters travelled to London to meet MPs to discuss the next move.

Eddie, who has known Jade's family for 35 years, says: "When the petition was first published we had 100,000 signatures in 10 days. We were astounded that it took off so quickly, but it shows what an important issue it is and how many families across the UK are affected by issues like this.

"So many people also didn't realise that prisoners who have murdered their partners still have rights over the children. Marsh didn't think about the welfare of his children when he murdered their mother. I have seen the pain this family have gone through, and it is just so, so sad. Some good has to come out of it somehow."

Jade Ward (Family Photo)

In London, Jade's family met with local MP Mark Tami who had arranged a meeting for them to discuss Jade’s Law with Shadow Justice Minister Ellie Reeves MP.

Mr Tami says: “Introducing Jade’s Law would put the onus on the killer to go through the legal hoops to prove they deserve parental responsibility, rather than force the victim’s family to endure a protracted and traumatic legal process to prove why they don’t.

“I support Jade’s family and friends with achieving this aim. I’ll be finding out when a Government response to the petition and a debate date can be expected, as well as introducing the petition in the House of Commons chamber in the next few weeks.

“We discussed with Shadow Justice Minister Ellie Reeves how we can best amend current legislation or introduce new legislation to make Jade’s Law a reality.”

Ellie Reeves MP, Labour’s Shadow Justice Minister, said: “It was incredibly moving to meet with Jade’s family and friends and hear more about her life and love for her children.

Jade's family and friends (Ian Cooper/North Wales Live)

“But despite this tragic case, a man who has murdered the mother of their children still keeps parental responsibility.

“It’s unthinkable that grieving families still have to seek permission from the murderer before taking the children abroad or on matters such as the child’s healthcare or schooling. I hope that the government will listen to Jade’s family."

Jade's family are determined to be heard, as mum Karen says: "I won't stop until this law is passed. No other family should go through what we are going through."

This is the Government's response to the petition: "The Government recognises that in situations where one parent is convicted of the murder of the other parent, the process for restricting parental responsibility from a parent who is imprisoned can be time consuming, and that making or responding to court applications, and attending multiple court hearings on related issues of parental responsibility can often be onerous for those involved.

Russell Marsh still has a say in his kids' lives despite being in prison for life (PA)

"Under the Children Act 1989, the exercise of parental responsibility held by one or more individuals can already be limited by the court, where to do so is deemed to be in the best interests of the child. The Act also enables the court to prevent individuals bringing multiple unwarranted applications before the court, which can be burdensome and distressing to family members.

"Where a child does not have a parent to care for them on a day-to-day basis, members of the family can apply for court orders in private law proceedings, or a local authority might initiate public law care proceedings, with a view to providing for the child’s upbringing. In making such orders the welfare of the child is always the paramount consideration of the court.

"In cases where one parent has been convicted of murdering the other, the responsible local authority will have a duty to protect that child and ensure they are safeguarded from harm. This may include initiating care proceedings to provide the child with a permanent or interim care arrangement.

"A care arrangement can include family members, such as grandparents, aunts or uncles, being granted parental responsibility for the child. Alternatively, a local authority will acquire parental responsibility of the child where the court deems this to be in the best interests of the child.

"The court can already exercise powers to effectively remove all parental powers and authority in appropriate cases. The extent to which, and the time period during which such parental rights and powers are limited, are matters for the judge to decide based on the facts of the case.

"The court can also exercise powers to prevent an individual attempting to repeatedly bring issues back before the court. Section 91(14) of the Children Act 1989 allows family courts to bar individuals from making further specified applications under the Children Act 1989 without permission of the court. These orders are known as section 91(14) orders.

"The court can make such an order of its own motion or following an application by one of the parties involved in the private law case.

"Once a section 91(14) order is in place, if an applicant subsequently seeks permission to make a relevant Children Act application, the court will generally consider whether the circumstances that gave rise to the barring order have changed. This offers protection to those persons caring for the child, removing the burden and associated distress to family members of having to go back to court multiple times.

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