parental responsibility

viczs123

hi I hope you can offer some advice.


my partner has two children with his ex wife . they divorced in 2011. his ex wife re married may last year. since then they have been pushing for her new husband to have parental responsibility.
their reasons for wanting this are so the step father can have a say and make decisions regarding education and health matters or so they say. we feel this is more about them having more control over my partner as him and the step father work together.my partner has continuously said he doesn't agree to new husband gaining PR.
my partner and his ex rarely speak . they've even gone to the lengths of filling out step parental responsibility forms and handing them to my partner demanding he takes them to the court and agree to it.he hasn't done this.
recently the ex,s new husband came out of the house with a letter asking for for PR again. the tone of the letter had a mild tone of blackmail/pressurising manner about it.agai my partner refused
we then had a letter from a mediator.my partner rang to speak to her and after this conversation it was felt mediation wasn't necessary.


today we have received an application from the courts stating that the husband has applied for a court order to gain PR.
we don't agree with the order. when we send back the acknowledgement form do we need to enclose details of why we object ? as the form only has a yes/no tick box as to whether we oppose it. I would be grateful for any thoughts on this.


we don't think its necessary for her husband to have PR as my partner sees kids every week when ex allows it.we live less than 15 mins away.as I said my partner and ex work at same place so we feel their is an ulterior motive behind it.


also his ex has a child who is 15 by her first ex husband. she hasn't asked for PR regarding this child. also when my partner was married to his ex she didnt feel it necessary for my partner to have PR for her children by her first ex husband and he lives about 100 miles away.
sorry for long post any advice would be appreciated.
thanks in advance

Horace

Maybe it is time to seek a consultation with a solicitor specialising in family law, after all they are the experts in this as opposed to asking on an internet forum.

ttc39

No idea I'm afraid but as you say seems very very strange :-(

FBaby

Could she be in poor health?

meritaten

you don't say if your OH would be giving up PR rights. if so I would definitely be refusing to do that. I am not sure that I would let a step parent have these rights either. I would refuse. I don't actually see why he needs to have them if the mother has custody.

Seanymph

http://www.nowellmeller.co.uk/cms/documents/FL3.pdf

There is loads if you google it - but I think it's enough for your OH to object, and then it's unlikely to happen.

marywooyeah

meritaten wrote: »

you don't say if your OH would be giving up PR rights. if so I would definitely be refusing to do thaty.

No, someone else gaining pr does not cause another to lose theirs, so it would be the stepdad gaining pr in addition to mum and dad, not instead of dad.

marywooyeah

Op how old are your partner's kids?

meritaten

marywooyeah wrote: »

No, someone else gaining pr does not cause another to lose theirs, so it would be the stepdad gaining pr in addition to mum and dad, not instead of dad.

but if they BOTH have parental responsibility - I can see problems ahead. what if the mother dies? a fight over who gets the kids? what if she divorces current husband? could parental rights be rescinded and what if he got custody?
I do think OP needs legal advice - but my instinct is never ever relinquish your rights. or grant equal to someone not connected by blood.

marywooyeah

Meritaen: as op is not agreeing to enter into a pr agreement and the mum and husband have issued proceedings, the scenarios you raise are factors that the court will consider when deciding to make a pr order for stepdad or not.

Ultimately what it boils down to is the reasons why stepdad wants pr and whether it would be in the best interest s of the child for stepdad to have it, there is a lot of case law on it and that's why I asked how old the kids are as this will also be a key consideration in whether stepdad needs it or not.

peachyprice

meritaten wrote: »

but if they BOTH have parental responsibility - I can see problems ahead. what if the mother dies? a fight over who gets the kids? what if she divorces current husband? could parental rights be rescinded and what if he got custody?
I do think OP needs legal advice - but my instinct is never ever relinquish your rights. or grant equal to someone not connected by blood.

PR for a step parent can be rescinded at any time by going back to the court.

Nobody has to relinquish rights, there can be as many people with PR as is necessary. Ideally in a situation where the mother and father have both remarried all parents/step parent should have PR, for the wellbeing of the child.