A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

step parent parental responsibility

  • Jenlt124
  • Jenlt124's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
6 years 11 months ago #411785 by Jenlt124
step parent parental responsibility was created by Jenlt124
Hi
My ex husband and I divorced 5 years ago, there was 1 child of this marriage now aged 7. Since then I have met someone else and we have 2 children together(twins) he also has a child with his ex-wife. We live together and have done for 2 years although we have been together for 4 years. My ex husband lives in England and rarely visits our daughter, the latest excuse being he has no money becasue of CSA payments. I would like my partner to have legal parental responsibility for my daughter in case of emergency or if something happened to me but I do not want my daughter to be formally adopted as her father still has a place in her life. How would I go about getting my partner parental responsibility. My ex-husband has agreed to my partner having this

thanks

Please Log in or Create an account to join the conversation.

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
6 years 11 months ago #412390 by rubytuesday
Replied by rubytuesday on topic Re:step parent parental responsibility
Your husband can make a section 11(3) application to Court as a person who ''claims an interest'' to the child. This would be done under the Ordinary Cause Rules, and you would need a solicitor to write the Writ.

Please Log in or Create an account to join the conversation.

  • Jenlt124
  • Jenlt124's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
6 years 11 months ago #412395 by Jenlt124
Replied by Jenlt124 on topic Re:step parent parental responsibility
thanks! is this the same in Scotland and is it under the childrens act?

Please Log in or Create an account to join the conversation.

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
6 years 11 months ago #412396 by rubytuesday
Replied by rubytuesday on topic Re:step parent parental responsibility
The answer I gave is for applications under section 11 of the Children Act (Scotland) 1995 ;)

Please Log in or Create an account to join the conversation.

  • Jenlt124
  • Jenlt124's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
6 years 11 months ago #412397 by Jenlt124
Replied by Jenlt124 on topic Re:step parent parental responsibility
perfect thank you so much!

Please Log in or Create an account to join the conversation.

  • Jenlt124
  • Jenlt124's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
6 years 11 months ago #412405 by Jenlt124
Replied by Jenlt124 on topic Re:step parent parental responsibility
I think I need to get a new solicitor he told me I couldn''t get my partner (not husband) rights even through a residence order as we''ve only been living togetehr 2 yeasr and are not married

Please Log in or Create an account to join the conversation.

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
6 years 11 months ago #412407 by rubytuesday
Replied by rubytuesday on topic Re:step parent parental responsibility
You would need to be married to your partner for him to be a step-parent. The courts would need to be satisfied that your partner will be a consistent, long-term and stable part of your daughter''s life - co-habitation doesn''t (usually) suggest that.

You can delegate PRR to others who have your daughter in her care to make minor decisions, such as minor medical intervention (ie a school giving painkillers, or dressing a wound) - the chances of something major happening and you not being around to sign the consent forms are very small.

I think you would need to weigh everything up - by granting your partner PRR, he would then have the same rights and responsibilities as you and your daughter''s father - what if you and he separated - he would still have PRR for your daughter and you would then have to return to Court to have that removed.

You can still make the day-to-day decisions together as a couple and the major decisions in conjunction with daughter''s father even if your partner doesn''t have PRR.

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11