Step parents right?

arkonite_babe

skylight wrote: »

We didn't bother with any of that. I just went ahead and signed everything as if I were her mother.

I'm in the same position as OP (IE step children) and have been doing just as you did. Signing things as if I was the Mother. Do you think that there is a risk that it could lead to a problem later on? I never considered the possibility of medical forms and such.

genie_2

money_maker wrote: »

http://www.niassembly.gov.uk/record/reports/010514b.htm

This is the link to the Northern Ireland assembly meeting in 2001. Scroll down about half way to the family law part and it says there that you can get full parental responsibility by applying to the courts if you are married to the biological father.

Hope this is of some help

Interesting reading, thanku!!

The Committee was content with the provision in clause 1 for a step-parent to apply for a court order conferring parental responsibility for a child of his or her spouse. It accepts that in many second marriages a strong bond is built between a step-parent and a child who may have lost contact with the natural parent. From a practical perspective, for taking decisions with the other parent on the child's education and welfare, it is important that a legal relationship be established between the step-parent and his or her new children.
The fact that the natural parents will continue to have parental responsibility and can alert the court to objections that they may have - objections that it must take on board - provides for fair representation and should help to guard against the absent natural parents being sidelined. The inclusion of the best interest test, for the court to consider when making an order to confer parental responsibility on the step-parent by way of the proposed amendment to clause 1, is most welcome. The rights of children lie at the heart of the Bill. Consequently, there is a clear duty to protect their best interests.

Strapped

Vomityspice wrote: »

Section. 4 Children Act applications only apply to the father (not a mother!). See

http://www.opsi.gov.uk/acts/acts1989/ukpga_19890041_en_2#pt1-l1g4

Alternatively, another way to obtain PR would be a step-parent adoption (SPA). You would then gain all the rights of a biological parent. For a SPA, you would need to contact your local social services department for them to undertake an assessment to be submitted with your application. Again it is very simple, and there is no need to pay a solicitor to fill in the forms. She/he will only ask you the questions that are on it!

The SPA would entail a social worker visiting a few times to compile the report. The SW would also speak with the children to ascertain their views (if appropriate - i.e. babies can't really tell you much!).

The SW would also speak with the biological mother to a ) ask for consent, b) if consent is unreasonably refused, can recommend to the court that her views be dispensed with. (i.e. its in the best interests of the children). The 'ex' doesn't have a veto. The cost is much the same (you shouldn't be charged by the local authority for their assessment).

Hav a look et:

http://www.direct.gov.uk/en/Parents/Adoptionfosteringandchildrenincare/AdoptionAndFostering/DG_10021340

which might help.

Currently a registered Social Worker (GSCC) and in my final year as a Law Student (LLB)

Grrrrrr this makes me so angry!!! :mad:

As a social worker, why would you promote something (step parent adoption) that would act to sever (an already shaky by the sounds of things) link with a bio parent? There is no need for adoption here - the OP has a number of options open to her to gain legal PR.

This confirms just about everything I've ever thought about social workers - most of them do not act in the CHILD's best interest!!! (with apologies to the one or two good ones that I'm sure do exist somewhere)

doelani

genie wrote: »

One child will be 16 soon, so i'm not sure how that would affect them, if at all. Other child is almost 11.

I'm in Northern Ireland and I'm not sure if the law differs here in respect to all this compared to mainland UK.

thankyou in advance for any replies received!

sorry missed this bit on your original message, my kids were 15 and 13 when we sorted this and we to are in northern ireland Although the court papers says until aged 16 while they are still at school it still applied as far as my DD was concerned as she did not leave until she was 18.

Vomityspice

Strapped wrote: »

Grrrrrr this makes me so angry!!! :mad:

As a social worker, why would you promote something (step parent adoption) that would act to sever (an already shaky by the sounds of things) link with a bio parent? There is no need for adoption here - the OP has a number of options open to her to gain legal PR.

This confirms just about everything I've ever thought about social workers - most of them do not act in the CHILD's best interest!!! (with apologies to the one or two good ones that I'm sure do exist somewhere)

As much as it would be easy to be particulary rude at your ignorance, I'll be helpful. If you knew anything about adoption proceedures (Adoption & Children Act 2002), you would know one of the factors that needs to be addressed by the assessment is the ongoing contact with the biological parent.

Oh go on, I will.....

People who don't know what they are talking about!!!!:mad: They make me so angry!

Perhaps I should take up reading the DailyMail, to educate myself?

genie_2

Strapped wrote: »

As a social worker, why would you promote something (step parent adoption) that would act to sever (an already shaky by the sounds of things) link with a bio parent?

The mother has already caused untold damage with the children due to her previous malicious nature. Oldest child has already stated that she no longer wants contact of any kind with her BM.

BM only contacts the children when it suits her this has steadily diminished over the past few years. Last year we had only 3 visits out of a possible 52!!!
The issue in question here is not the link with the bm, but how I can act with parental responsibility should the need arise.

Strapped

Vomityspice wrote: »

As much as it would be easy to be particulary rude at your ignorance, I'll be helpful. If you knew anything about adoption proceedures (Adoption & Children Act 2002), you would know one of the factors that needs to be addressed by the assessment is the ongoing contact with the biological parent.

Oh go on, I will.....

People who don't know what they are talking about!!!!:mad: They make me so angry!

Perhaps I should take up reading the DailyMail, to educate myself?

:rotfl: BTDT, got the t-shirt mate. Social worker then was a complete !!!!! too.

People like yourself who say, "it is very simple" when it is, in fact, not, and can take an extremely long time as well as being emotionally tiring - THEY make me angry! :mad:

Anyway, it's not what the OP asked, so we'll have to agree to disagree. Or perhaps you could tell me which social services you work for as I find it incredibly hard to believe that you actually are a social worker, more like a student who's read a couple of law books.

c_l_a_i_r_e

You can apply to the court for a parental responsibility order, as the children have been living with you for more than 3 years. As birth mum already has PR she will have to be notified of your application but it doesn't mean you won't get PR if she opposes. The courts look at the best interests of the children, and in this sort of application they will look at what level of commitment and attachment you have to the child, as well as what your reasons are for applying. This is to prevent someone applying for PR just to antagonise the other parent.

**Edit** Just a thought though you say your husband has a residence order for the children, is that in his name only or is it in both your names. Because the holder of a residence order automatically has PR here, so it may be better in your case to go for a residence order as the kids are living with you. The same criteria will be applied by the court in this application as with a PR order application.

I think you should see a solicitor to discuss your options and get the ball rolling.

skylight

One small note to add. Parental Responsibilty cannot be taken away for any reason whatsoever. So BM has it and will always have it, even if Step Mum gets it too.

Vomityspice

People like yourself who say, "it is very simple" when it is, in fact, not, and can take an extremely long time as well as being emotionally tiring - THEY make me angry! :mad:

My heart tells me not to respond but my mind just won't let ignorance pervade....

It is a simple process! I personally use to give these assessments to students social workers to do as they are so easy. They do not take long to do. Anybody who took over 6 week to complete one as either impaired by the process (in one case we needed the official solicitor to agree a mother had a degenerative illness, so that the SPA could progress), or not doing correctly (or were not very good workers!). It is simple, and I know because not only have I done it. I've suppervised about 50 of them. I speak from a basis of fact.

I can confirm I was a social work student about 15 years ago(yes I am that old!) and I am at Team Manager level now (Gave it up to study Law - don't you read my footnotes or page profile????). In addition, I have read a few law book (probably more than you!) might I suggest you look at Herring, J. (2007) Family Law , which might give you a better understanding of the legal framework.

I'm sorry to hear your SW didn't meet upto your expectations, but as we don't have their account of you, it would be unfair to comment further.

Referring back to the OP, they asked about PR, my example of Step Parent Adoption was another avenue she could explore to obtain PR. I.e. to answer the question posed by the OP, as opposed to your rant about Social Workers and how they are all rubbish.

As a final point, PR is removed in an adoption. The biological mother would lose PR.