What rights do Step Children have visit step parent after relationship breakdown?

[Deleted User]

I wonder if anybody has any advice on this situation that I can pass on to a distraught 15 year old girl. So for the last 12 years this girl has lived with her Mother and Partner who is not her biological Dad. This man has raised her like his own, she calls him Dad and he is the biological father to her 2 younger half siblings. He has not adopted her or married her mother.
The Mother has ended the relationship and taken all the children away from the family home. She has absolutely forbidden the girl from contacting or visiting her Step Father. The girl has gone against these wishes and stated she wants to return to live with her step father.
Does he have any rights to ask that she is included in access arrangements?

Also if the girl still wishes to reside with her step father what rights does she have?

Thank you

squirrelchops

The girl is 15 years old and hence although the mother may not like it she is of an age whereby if it went to Court she would have her voice and wishes as to what she wants to happen.

Yes Mother has parental responsibility and could try to enforce this but the young person's views and wishes would also be taken into account.

She could reside with step father. He would need to gain a Residence Order to legally secure this though.

[Deleted User]

So basically if the girl just moves back in with stepdad then the mother will probably call police, the girl can just refuse to leave and then he must go to court and apply for residency?

Thank you so much for your input.

Mojisola

Deleted_User wrote: »

So basically if the girl just moves back in with stepdad then the mother will probably call police, the girl can just refuse to leave and then he must go to court and apply for residency?

Thank you so much for your input.

There was a post a while ago where someone's daughter moved in with her Girl Guide leader. The parents couldn't force her home and the guide leader went on to claim the child benefit and child maintenance through the CSA.

squirrelchops

Mojisola wrote: »

There was a post a while ago where someone's daughter moved in with her Girl Guide leader. The parents couldn't force her home and the guide leader went on to claim the child benefit and child maintenance through the CSA.

This would actually be a Private Fostering arrangement and the Local Authority (ie children's services) should have been notified to assess this.

In the OPs case however, as he is a step dad this would not fall into Private Fostering Regs.

I know of other young people who have chosen to reside with Step parent and the advice always is, the step parent needs a Residence Order as this also gives them some PR.

tattycath

Is her biological father anywhere in the picture?

paddedjohn

If they wern't married then he isnt the step father.

[Deleted User]

tattycath wrote: »

Is her biological father anywhere in the picture?

Yes her biological Father has continued to play a part in her life and pays modest child support. Unfortunately due to the Mother's twisted actions many years ago he will not entertain speaking to step father.
Step father has written to him and asked him if they can discuss the matter as he feels that because they both have the girls best interests at heart, he will appreciate that removing her from the only home she has ever known this close to her exams when she is loudly protesting is just the wrong thing to do.

[Deleted User]

paddedjohn wrote: »

If they wern't married then he isnt the step father.

This is what I feel too! But the girl has asked what her rights are to choose where she lives as a minor?
Hopefully the solicitor can advise later today.
Thanks everyone.

Mojisola

squirrelchops wrote: »

This would actually be a Private Fostering arrangement and the Local Authority (ie children's services) should have been notified to assess this.

No, it wasn't. The girl moved in with her against the parents' wishes and they involved the authorities to try to get her to come home but, because of the girl's age, they said nothing could be done.

In this case, the man has been her "father" for twelve years and she calls him Dad so they'd have even less reason to take the girl away.

DS4215

When is the girl 16? - at that age she can legally move out and live where she wants.

Taking her away from her school (presumably) just months before her GCSEs will not help the girl pass her exams. Even if it is just temporary she needs to stay in her old school to have the best possible chance of doing well...