How section 4 of the Children’s Act 1989 endangers victims of domestic abuse

Section 4 of the Children Act 1989 currently states that any parent with parental responsibility for a child must obtain the consent of any other person with parental responsibility before taking the child on holiday outside of the UK. While this may seem like a reasonable requirement at first glance, it can create significant challenges for mothers who are dealing with absent or abusive fathers.

For domestic abuse victims who share children with their abuser, the requirement to obtain the father's consent before taking the child abroad can create significant safety risks. Attempting to make contact with an abusive father to obtain his consent can put both the mother and the child in danger. In addition, requiring a lives with order to be granted in order to take the child abroad can be a long and stressful process for the mother, and can create an opening for an abusive father to re-enter their lives.

For women who are dealing with absent fathers, the requirement to obtain consent can also create challenges. If the father is unresponsive or unwilling to provide consent, the mother may be unable to take the child abroad for a holiday or other important family event. This can be frustrating and limiting, and can create significant stress for both the mother and the child.

Riverlight is calling for the reform of Section 4 of the Children Act 1989 to make the lives of domestic abuse victims and women dealing with absent fathers easier. Specifically, we are advocating for absent fathers or those who have been convicted of domestic abuse to automatically lose their parental responsibility. This would remove the need for mothers to obtain the father's consent to take the child abroad and would prevent an abusive father from using their parental responsibility to exert control over their victim.

By removing the requirement for mothers to obtain consent from an absent or abusive father, we can reduce the safety risks associated with contact with the abuser, prevent the trauma and stress of court proceedings, and create a safer environment for both the mother and the child.