Step father parental responsibility agreement

doris_257

I am writing on behalf of my partner. We have just received from his ex written request regarding step father parental responsibility agreement. He does not want to sign it. She is threatening to go to court. They are on very bad terms.

He doesn't want to sign because; she is trying to exclude him from the children's lives as much as possible. Last year she changed children's school without his contest.
He thinks that when the step father will get PR he will loose part of his parental rights. I know it is not true but it is kind of feeling. During the divorce he was told that she will take his parental rights away.
The children are forced to call the step father 'a dad'.

We think she is getting her revenge because we reported children's neglect recently.

We take the children as often as possible, which is every half term. However there is 3.5 hours drive. That is her main argument for getting PR.

About a year ago the step father was with one of the children in GP's and there was no problem for him to attend the appointment.

I don't know what to think about it. I don't know if I should convince him to sign it or not.

I have been told by the solicitor that if they go to court and the judge will find my partner's arguments unreasonable he will be responsible for the cost, which I am worry the most. We were advised not to agree to PR but instead agree to residence order.
Please advise us if his arguments are reasonable. Have you been in similar or the same situation? Thank you in advance for your opinion and advise.

Toxicity

Forgive me for being blunt but if you think/know the children are being neglected then why would your partner even consider giving parental responsibility? More so, why is he not doing every thing he can to have the children come live with him?

kelpie35

Toxicity wrote: »

Forgive me for being blunt but if you think/know the children are being neglected then why would your partner even consider giving parental responsibility? More so, why is he not doing every thing he can to have the children come live with him?

My thoughts too :eek:

doris_257

Thank you for your quick reply.
What I am aware of social services didn't go further regarding children's neglect. They have checked her and she was showing off as always.
He asked children if they want to move to live with us but they said that it is better as it is because they have their friends there.
What can we do if we don't have enough money for the solicitor but don't qualify for legal aid?

Rottensocks

Let them go to court. I think it will end up just being bluff.

I think a court would be very reluctant to give step parent PR if there is evidence the father is being deliberately excluded from otehr parts of the childrens life.

Don't be frightened by the bit about costs - very rare in family law, and their solicitor probably only said this in the hope you'd sign it quick!

In any event, let them go to court if they weant. It will give you an opportunity to raise your own concerns. What reason do they have for needing a residence order?? (None, probably).

See if you can get some legal advice of your own too: maybe even just one hour would be enough to relax you a little

RAS

You might want to check out both wikidivorce and Famileis need fathers web-sites.

Even if your OH was not married to the ex, they both have information on contact, PR etc and on going to court as a litigant in person.

Ames

They wouldn't get legal aid either, so unless their income is a lot higher than yours it'll be a level playing field in that respect.

sulkisu

doris_257 wrote: »

Thank you for your quick reply.
What I am aware of social services didn't go further regarding children's neglect. They have checked her and she was showing off as always.
He asked children if they want to move to live with us but they said that it is better as it is because they have their friends there.
What can we do if we don't have enough money for the solicitor but don't qualify for legal aid?

Regardless of what Social Services found, the point remains that if your partner is sure that they are not being cared fro properly, why would he even consider signing his rights away?

jellyhead

I'm not sure of the law, but my eldest is 17 and it's never been an issue that my husband doesn't have PR for him. Why does he want it, is it so that they could be 2 against 1 if it came to a disagreement over whether or not they could change schools or go abroad?

doris_257

Rottensocks
They are trying to exclude him but it is not that easy because he has very good contact with children.
I think I worded my previous post wrong. I spoke to the solicitor, friend of my friend ect. Didn't mention about reporting children's neglect. She advised me about it not their solicitor. Said that PR is automatically gained when issued residence order but if they split up step father won't have PR anymore.

RAS
Thank you for the websites. Didn't check them yet. It was like a bomb yesterday. There were married.

sulkisu
He's not signing his rights away. It says that more than 2 people can have PR over children.

Thank you all for your posts. Being on maternity and bloody CSA finding arears for the last two years is hard enough.

fishybusiness

Doris, I'm a step parent, and support the natural fathers rights.

I can't see any reason why I would want to have parental responsibility, unless my partner was really poorly in some way, or maybe if the natural father was not likely to live very long.

There is just no need. Keep in contact with the children and let it go to court.