Ex Partner wanting Parental Responsibility 10 years after split

peachyprice

Person_one wrote: »

But if he doesn't formally have PR at the moment (which isn't clear) then if the ex gets it first, he could prevent it happening, couldn't he?

If the husband has legal PR now, that's ok.

She said he does.

GeraldineA wrote: »

As I said, my husband has parental responsibility for my daughter. We had to fill in some forms, show our marriage certificate and it was sent back as granted. It's relatively straightforward for step-parents to get PR like this. This was 7 years ago.

PR isn't as formal as adoption and pretty much anyone who has contact with the child in the role of a parent and consent of the mother can get it by filling in a few forms, so it would have been very easy for OP's husband to get it.

pops5588

peachyprice wrote: »

Didn't your mother tell the judge that you wanted your feelings taken into consideration?

Of course she did. We were very unfortunate in that the first judge we had was, quite frankly, an imbecile and did not give a stuff what I wanted. And my mother knew that if she appeared to be the one who was trying to cause a divide it may work against her in the impending custody battle. I do not blame her, I understand why it happened the way it did and she was between a rock and a hard place.

The only reason I said to OP not to take it as a given is purely down to the fact that unfortunately it is luck of the draw what judge you get. Some of them care about the opinion of a 12-year-old, some couldn't care less. I wouldn't want her to go into a potential court situation thinking that something is definitely going to be relevant when it may not be.

Person_one

peachyprice wrote: »

She said he does.




PR isn't as formal as adoption and pretty much anyone who has contact with the child and consent of the mother can get it by filling in a few forms.

Ah, sorry, I must have missed that post.

Poppie68

peachyprice wrote: »

You're supposed to get permission form the other parent regardless of whether or not they have PR, are divorced, married, etc.,

In theory he could stop her having holidays out of the country, but he would have to go to court and have a good reason.

It's not as simple as him saying she can't go, unless it went to court and the child were put on a no-fly list due to risk of kidnap there's no way airport officials can check whether permission has been given or not.

Even turning up at the airport signed by a parent who isn't travelling is a farce as they have no way of checking whether the letter was actually written by the parent at all.

Im sorry peachyprice that is incorrect.....if the father has'nt got PR permission is'nt needed, only people with PR need to be asked.
Also if a court ordered residency has been granted to the mother/father they can take the child out of the country for up to 28 days without the permission of any other person with PR.

peachyprice

Poppie68 wrote: »

Im sorry peachyprice that is incorrect.....if the father has'nt got PR permission is'nt needed, only people with PR need to be asked.
Also if a court ordered residency has been granted to the mother/father they can take the child out of the country for up to 28 days without the permission of any other person with PR.

Apologies, I must be thinking of pre-PR days.

Thanks.

LannieDuck

Could you ignore his questions about PR and point out that you're still willing to go to mediation to discuss access arrangements. Then leave him to sort it out. I bet he doesn't bother.

FBaby

I have been legally advised that it doesn't matter whether a patent has PR or not if a serious matter such as residency after death came up because the parent fighting for rights could apply for it as part of the process. The decision would depend on many factors first one being how desperate the nrp would be and how far they would be prepared to fight for what they want.

GobbledyGook

If one parent dies and there is a dispute between the step-father and biological father that ends up in court the mother's wishes won't matter massively.

Courts will decide what is best for the child over the wishes of the adult. Appointing a guardian can help show your wishes in the strongest terms, but anyone with PR is ahead in the queue (so to speak) and if there is a dispute it's all all about what the court views as best for the child.

That will be the same if he goes to court for PR.

Was her biological Dad informed when her step-dad got PR?

Ms_Chocaholic

I believe (and I stand to be corrected) that you have to have PR to enable you to apply for a Contact Order - is that what your ex is doing?

GobbledyGook

Ms_Chocaholic wrote: »

I believe (and I stand to be corrected) that you have to have PR to enable you to apply for a Contact Order - is that what your ex is doing?

Sort of. To be able to apply automatically you need PR. If you don't have PR you have to get permission from the court first.