I am a domestic violence survivor. My child Aliya was born 27/09/1999. Her birth certificate contained both parent’s name. I left her father due to domestic violence shortly after Aliya’s birth and I’ve kept changing my name, addresses, phone numbers, jobs, and appearance to keep us safe.

Over 10 years ago, Aliya’s father found us, and the excuse given was that he wanted a DNA test. The DNA test proved that he was Aliya father. However, he continued to harass and threaten Aliya as well as myself over a period of approximately one and a half years. I was granted an injunction, prohibited steps order and residency order to protect Aliya and therefore, the father had no parental rights which was ordered by court. Upon evidence, he admitted to harassment and threatening behaviour but claimed mental health issues, the police gave him a caution. He admitted to the police that he gained my details through my national insurance number and was obsessed with me but there was no mention of Aliya. I have been refused to change my national insurance number but was advised to change my name again. I’ve had 3 different names since birth. I am never going to be safe in this country, regardless of whether I change my personal details or not.

Being Aliya’s next of kin, I was informed by police to go to the hospital as she was very poorly. Aliya passed away on 24/12/2021, aged 22 years old. Two weeks later, I was asked about her father. As his name is on the birth certificate, he is allowed to claim Aliya body for funeral and burial. However, the police and coroner, were unable to decide and asked both parties to get solicitors so that an agreement can be reached on who Aliya’s body should be released to. In my case, her father has continued to disrupt our lives because he has my national insurance number and now that my daughter has passed away, he can claim rights due to being on her birth certificate. Aliya had only met her father twice throughout her life. 

I have been asked to resolve the matter with my abuser, to mediate before taking further steps towards court. Please advise, how the law allows an abusive parent, who had no parental responsibility throughout a child’s life, to be given rights when the child has passed away. Furthermore, her father is now using religion, Islamic Law, to gain further rights to claim her body, to do the funeral and burial arrangements. I was never married to Aliya’s father and distanced myself from family, friends, and religion because of the continuous abuse I was receiving. No parent should have to go through what I am going through. All I want is to bury my beautiful daughter so she can rest in peace and give myself closure. 

I understand that only in extreme cases, a national insurance number can be changed. As a human being, a domestic violence survivor and a parent, I am asking for the law to be changed. If an abusive parent was given no parental responsibility whilst the child was alive, then the court should have removed the abusive parent’s name off the child’s birth certificate to protect the child during their life and death. 

This petition is to protect the domestic violence survivor but most of all, the child(ren) involved.