[Solved] Step Father Parental Responsibility??

I'm not totally sure, but it was something my solicitor didn't think it was worth me trying to get for my wife when I got custody of my children away from my ex, and I was getting everything I was going for in court. I would certainly not agree to it at all - I think there would have to be an extremely good reason to ask for it, and since you are taking an active part, I can't see that there would be a good reason. If you don't currently have a solicitor, we could ask the CCLC to pop on and give some advice if you wish.

Yes please that would be great. Thank you very much

Ok, may take a couple of days, so keep checking back here 🙂

Hi Loving Dad,

Definately worth reading the response for the CCLC when they manage to post back 🙂

I would say that should this goes to Court you need to consider more angles to come from other than you being outvoted. I would agree strongly too that if he gains PR you will face being tactically outvoted on all issues from Medical, to education. In my opinion (and its a strong one) is that PR should only be given to Parents unless one has no involvement or there are other reasons i.e. Death or disability affecting the persons Judgement.

A few questions i would ask:
- What reasons is your ex wanting to have him have PR for your Son?
- When is she planning on having this PR awarded?
- What level of things currently is her new hubby having an involvement in (i.e. Doctors/Nursery?)

I think these are questions you need to be asking to allow you to form a more balanced reason as to why PR should be stopped...

CCLC are having a problem getting onto the forum, but they have emailed me their reply, as below

Hi,
Unfortunately we cannot advise on this issue because it is an opinion that you are looking for rather than legal advice.
A judge makes a decision on a case by case basis and will look at the Welfare Checklist (s1(3) Children Act 1989) and what is in the best interests of the child.
Sorry that we cannot provide you with any detailed clarification on this matter.
You may want to consider having a one off appointment with a solicitor to see whether they can provide you with a more detailed answer.
If you have any further legal questions that you would like assistant with then please feel free to contact us via our webchat facility which can be accessed from our website www.childrenslegalcentre.com or call our free phone advice line on 0808 802 0008.
Thank you
CCLC

Thank your for making the effort though, all other opinions welcome

Hi Loving Dad did you see my previous post regarding:

- What reasons is your ex wanting to have him have PR for your Son?
- When is she planning on having this PR awarded?
- What level of things currently is her new hubby having an involvement in (i.e. Doctors/Nursery?)

Sorry Yogi

Here goes

- What reasons is your ex wanting to have him have PR for your Son?

I honestly believe it is so he has a say, its not for the good of my son, he already was a step dad to a previous child in a previous relationship and now they have spilt up he doesn't get to see her.

- When is she planning on having this PR awarded?

i imagine soon hence why they got married after being together for just a year

- What level of things currently is her new hubby having an involvement in (i.e. Doctors/Nursery?)

Alot, I hardly get a look in because they pretend he is the dad and would do anything if i was out the picutre.

Hi Loving Dad,

OK... from what you are saying there is a more than likely chance that this wanting PR is down to tactical voting. Taking your questions as a whole you could also argue against it in that [while he may be a nice man] he is trying to control situations where you and your ex should have an equally valid point... and that if he were granted PR this would in effect relegate your position and your Responsibility. You could say that this is already proven in that his involvement [whilst possibly well meaning] will certainly have an impact on your role as a father and would severely dilute your say in everything from Doctors to Schools, who you are currently aware treat him as X (Your Child) the Father. This certainly should not be the case. The fact is that because from what you are saying at least... these doubts cannot be disproved and thus it would be highly improper of a Court to actually make a ruling in favour of awarding PR... especially given that there is contrary evidence to support that original view of your being tactically outvoted.

Again any such order through the courts would surely have to have this satisfied... and in my opinion this cannot be disproved. Take for example PR being granted and a vote going ahead regarding your Sons schooling... this would result in your losing. It would then mean for you to have any say you would need to raise a Prohibited Steps Order against Y (your ex's new husband) and i strongly feel that without a previous Court contest by you getting this PSO would be very difficult. In effect you would need to be able to say at this PSO hearing that "In the case [CASE NUMBER] i specifically stated that i was highly concerned by being tactically outvoted and thus my PR being negated... this has now been proven in that X [YOUR CHILD] now goes to [SCHOOL] when i was more concerned and made a concerted effort for [CHILDS NAME] to go to [SCHOOL OF YOUR CHOICE] because of [POSITIVE REASONS AS TO WHY]

I'm just trying to second guess the Courts decision here however i would find it strange that should you contest PR (and believe you me... i certainly would) that a Judge would grant it... highly unlikely. However if this happens and in the future you are tactically outvoted... this will give you excellent grounds to raise a PSO against the partner. This would highly likely rock the boat and you must consider the impact of your raising the PSO against your ex's new husband

Hi

I agree completely with Yoji's arguments here. One more point you could raise (though you would have to be extremely tactful as to how you word it) would be that if PR were to be granted, then should your ex and her husband split up, you would have valid concerns that he would have equal rights to you and your ex, without having anything like the same welfare concerns for your son - and in fact might be more inclined to use it as a bargaining chip.

I would certainly be fighting against PR, and as I said, it's not something I went after for my wife (even though she has far more regard to my childrens welfare than my ex ever had, or still has for that matter) as I knew my ex would contest it, and I didn't expect I could win.

Yoji

Thank you so much for the effort in your reply, i really appreciate it, though i am finding it hard to follow to what exactly you mean. My head is in a muddle and its hard to take so much in when its so close to my heart. In simple terms?

Hi Loving Dad,

No problem.

Essentially i am saying that you need to (*) contest your ex wife's partner having PR under the basis that this will be used as a way of ensuring that you are tactically outvoted on issues such as school/medication etc. My post highlights the points that you have already had difficulty accessing information to do with your Son because they see your ex-wifes new husband as the "Father". This should not be the case.

By contesting this PR, what you will then have is a basis in future instances to bring up a Prohibited Steps Order... the easiest way i can describe this is to think of it as an injunction... it stops someone from having an involvement in XYZ matters. For you... this is your ex-wifes husbands PR.

As i said in my post i think that in the future you will be tactically outvoted. By being able to say i contested Parental Responsibility at a hearing (*) and now it has been used to tactically outvote me when it comes to my Son's schooling. *Goes out on a limb* when this happens post back here and we can give some good advice to raising the Prohibited Steps Order.

Jumping in late on this thread and I am by no means an expert so I go with the advice above to consider a one off appointment with a solicitor....

However my understanding of PR this issue of being tactically ourvoted is important. You need to challenge any situation where your voice is not heard if you are playing an active role in your child's life.

I would also question why this third party needs PR when there are already two biological parents committed to the welfare of their child. If you are being reasonable about decision making around your child's upbringing - an in particular seeking to hear the voice and opinion of your child - then I think a court should consider granting PR to a third person as not being in the child's best interests??

Hope this is helpful - and please keep us posted on what happens - any other professional advice you get.

Thank you guys, Nothing has happened of yet but will keep you informed when something (hopefully never) happens