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Aquiring Parental Responsibility for Step Parent

  • Agatha
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19 Apr 09 #108851 by Agatha
Topic started by Agatha
I have been seperated from my childs father for about 10 years. He went to court in England to obtain PR.

I am now with another man and we are planning on marrying. I have sole residency of my eldest child, and my ex has contact.

I would like to know how I would go about aquiring parental responsibility for my partner. Everything I can find relates only to England and Wales.

Also what is the legal definition of a step parent?

thank you

  • Shezi
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19 Apr 09 #108863 by Shezi
Reply from Shezi
Which jurisdiction are you in Agatha?

Shezi

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19 Apr 09 #108864 by Agatha
Reply from Agatha
Shezi wrote:

Which jurisdiction are you in Agatha?

Shezi


I live in Scotland now as does my ex partner.

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19 Apr 09 #108865 by Shezi
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Sorry, just noticed it ;)

If you look out for Fiona or Rubytuesday, they know quite a bit about scottish law and will be able to advise you.

In the meantime, I found this interesting snippet for you:

At present if a step parent wishes to have legal rights and responsibilities over their step children, they have to apply to court for PRRs, or they can adopt, which removes all legal rights (even contact) with the natural birth parent who isn't the partner of the step parent. The Proposed change is as follows: Where a married step-parent wishes to secure PRRs for their step-child and both birth parents are in agreement, as an alternative to applying in court or adoption an SPPRRA can be completed and registered and will confer PRRs on the step-parent.


taken from www.scotland.gov.uk/Publications/2004/10/20058/44678


Welcome aboard

Shezi

  • Agatha
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19 Apr 09 #108869 by Agatha
Reply from Agatha
thank you for that Shezi.

I think my ex would be reluctant to agree to giving my partner PRR's. So it looks like it would perhaps be a court application.

He doesn't event acknowledge him as a step parent to our child...hence me asking what the legal definition was.

Our main reason for wanting this is because we are the main carers and have most contact. If anything were to happen to me and my ex be unavailable then it would be best for my partner to be there for our child IYSWIM?

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19 Apr 09 #108871 by Shezi
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I sympathise Agatha.

I agree, it's pretty common for disgruntled partners to object / refuse to consent to new partners obtaining parental responsibility.

I can also see that there can be good reasons for step parents needing to have parental responsibility. I work in a high school and struggle with incidences of step parent not having that role (legally) and so can do little to assist when there is a need and the parents are unavailable. Very frustrating.

Think you might well have to make application to the courts.

Good luck

Shezi

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19 Apr 09 #108931 by Fiona
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For a step parent to gain PRR they have to make an application to a court. You can get the application form (G1, I think) from the sheriff's clerk can but you will probably need the help of the solicitor as documents are individually prepared and have to done in a certain way a bit like a Consent Order in E&W to be admissible in court. BTW a natural father who already has PRR will not lose it because they have been granted to someone else.

Hope that helps. :)

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