Parental Responsibility

[dave]

Does anyone know how I go about getting this for my eldest daughter.

 

I have PR for my youngest, as she was born after the law changed, but I do not have it by default for my eldest.

 

The mother consents wholeheartedly to this, but I went on line to try and find out how to get PR and the Court's website would only throw 404s at me when I clicked the links that looked relevent to me.

 

Someone must have gone through this and can point me in the right direction.

[blueskies]

I remember helping an Ex fiance with this one when she wanted her partner to have parental responsibility for their son. The way to go about it is to go through the courts and make a Parental Responsibility Agreement. If I recall correctly it was just a case of form filling at the court and approval being given by a judge.

[revolting peasant]

There's not a lot here but it might help a bit

 

 

 

Parental rights and responsibilities : Directgov - Parents

[dave]

Cheers chaps - I think I'll give the court a ring. Does it need to be a magistrates court does anyone know?

[KER]

I believe it has to be County Court.

[KER]

ok, hopefully this will help.

 

"he may also take steps to acquire parental responsibility by means of a formal parental responsibility agreement with the mother or by obtaining a parental responsibility order (S4. Children Act 1989 as amended).

 

In S v R (Parental Responsibility) 19933 the court stated that the matters to be considered before granting a parental responsibility order to a father are:

 

1 the commitment shown towards the child by the father

2 the degree of attachment between father and child; and

3 the father's reasons for applying for the order.

 

Even where these conditions are satisfied, the court will not necessarily make an order. (see Re L contact (genuine fear) (2002)

 

 

I believe you would need to file Form C1 (or C2 if there are already proceedings ongoing)

The applicant must join as a party every person whom he believes to have parental responsibility.

On filing the application with the court, it will fix a date for a hearing or a directions appointment.

 

 

(The above is taken from the Institute of Legal Executives Tutorial College Family law and the Family Practice course manuals).

[blueskies]

It doesn't require a hearing if the mother of the child agrees, as in Dave's case.

 

An order is only require if the mother contests the fathers application.

[Bona]

seems to me it needs an application with a consent order signed by all interested parties possibly with witness statements attatched

[KER]

It doesn't require a hearing if the mother of the child agrees, as in Dave's case.

 

An order is only require if the mother contests the fathers application.

 

Irrespective of whether the mother agrees or not. The poster will only have parental responsibility OFFICIALLY if he goes to Court, files the paperwork and has it rubberstamped.

 

Otherwise the mother can just as easily withdraw consent and state it never happened!

[MilkTrayMan]

...Someone must have gone through this and can point me in the right direction.

I obtained a Parental Responsibility Order for both my children a few years ago, even though it was contested out of unnecessary spite.

It took me a couple of years + zillions of Family Court appearances.

I didn't gain anything tangible by having succeeded, but I'm glad that I did fight for it.

My children will always know that they were loved + wanted by their father, + that will be important to them eventually.

...8)

[blueskies]

Irrespective of whether the mother agrees or not. The poster will only have parental responsibility OFFICIALLY if he goes to Court, files the paperwork and has it rubberstamped.

 

Otherwise the mother can just as easily withdraw consent and state it never happened!

 

I believe that is what I said here

 

I remember helping an Ex fiance with this one when she wanted her partner to have parental responsibility for their son. The way to go about it is to go through the courts and make a Parental Responsibility Agreement. If I recall correctly it was just a case of form filling at the court and approval being given by a judge.

[KER]

I believe that is what I said here

 

Well the way you worded this post:

 

 

 

An order is only require if the mother contests the fathers application.

 

seemed to imply that it wasn't necessary if there was consent! Hence my reply that in Court an Order can be as simple as rubberstamping!

(as many know from those nasty DCA CCJ rubberstamping jobs!)

[dave]

I didn't gain anything tangible by having succeeded, but I'm glad that I did fight for it.

My children will always know that they were loved + wanted by their father, + that will be important to them eventually.

...8)

 

...and partly, that is one of the reasons I want to do it too.

 

That, and the fact, that by a strange twist in law, if anything should happen to their mother, my eldest would legally go to their grandmother and my youngest would come to me.

 

Stranger than fiction!