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Applying for parental rights-fast

My daughters partner needs to gain pr very quickly.
They have 2 children 16 and 10
his name is on both birth certificates and they have lived as a family for 17yrs.
We fully support him in taking custody of his children any information anyone could offer would be gratefully recieved
Thankyou
«1

Comments

  • 19lottie82
    19lottie82 Posts: 6,034 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I think the best advice anyone can give is for him to see a lawyer asap.
    No one can offer any other advice without knowing the full circumstances.
  • ETanny
    ETanny Posts: 115 Forumite
    Also, Im not sure at 16 if he would need PR for that child? (obviously will for the 10yr old though)
    Definatley seak a good lawyer right away to get the ball rolling, Maybe even CAB can direct him in what way he needs to go and what kind of laywer he will need.
    :staradminTrying to save money to give our family a better future:staradmin
    :staradminDD#27/10/07, DD#2 13/02/12 :staradmin
  • Seanymph
    Seanymph Posts: 2,882 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Parental rights and custody are two very different things.

    He will probably already have parental rights. Custody however has to be awarded through the court.

    He would need VERY compelling reasons, along with a desire from the children for them to be with him before a court would change their circumstances.
  • He already has pr with being on the bc's.

    Is he the bio father, your post is unclear what you actually want in regards to your daughters partner? Are they her children too or from an ex?
  • rachbc
    rachbc Posts: 4,461 Forumite
    He already has pr with being on the bc's.

    Is he the bio father, your post is unclear what you actually want in regards to your daughters partner? Are they her children too or from an ex?

    Not true - that only applies from dec 2003 so the ftaher of a 10 and 13 yo wo't have PR.

    PR isn't neccessary to get residency, if the residency is given by the court then PR will usually be awarded at the same time.

    Usually the mother/ everyone else with PR has to consent to PR being given but if she isn;t likely to do this then it can be awarded by a court.

    Are they currently still lviing together as a family?
    People seem not to see that their opinion of the world is also a confession of character.
    Ralph Waldo Emerson
  • macma
    macma Posts: 911 Forumite
    Tenth Anniversary 500 Posts Photogenic Combo Breaker
    He is biological father to both
    He's been told by social services to apply for pr
    the reasons are compelling
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    macma wrote: »
    He is biological father to both
    He's been told by social services to apply for pr
    the reasons are compelling

    Perhaps it's more than PR he needs to be applying for. PR won't give him residency or custodial rights and it sounds like this is what you're talking about.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • Carl31
    Carl31 Posts: 2,616 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Parental rights can be obtained by both parents signing a document at court, a parental responsibility agreement. The mother and father sign in front of a legal representitive as a witness and its done. If the mother doesnt agree ,he will need to push for an order, which requires solicitors advice and is costly

    As already said, if he has not obtained the above previously he has no rights currently.

    Just to add, the agreement form can be downloaded off the net then arrangements made for a witness at the local family court
  • Nicki
    Nicki Posts: 8,166 Forumite
    Part of the Furniture Combo Breaker
    Perhaps it's more than PR he needs to be applying for. PR won't give him residency or custodial rights and it sounds like this is what you're talking about.

    Not necessarily though. The mum could be ill, physically or mentally, and the dad needs formal PR so that he can, for example, consent to medical treatment on the children's behalf. The couple could still be living together with the children, and dad needs formal PR.

    Can SS not help him with the process OP, perhaps by recommending a solicitor or legal advice service which could evaluate what exactly he needs and how to go about it?
  • Seanymph
    Seanymph Posts: 2,882 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If he doesn't have PR then if SS need to remove the children they can't hand them over to him I don't believe.

    Can SS not give him some guidance on obtaining it.
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