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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Hello again and thank you for getting back to me regarding

Customer Question

Hello again and thank you for getting back to me regarding parental responsibility,my other concern regarding my looking after the two boys in the capacity I have is that should either child want a holiday or need God forbid life saving surgery I would need her to consent/give permission for them to receive it as my youngest being born before the 01/12/2003 whereby I do not have a right in the eyes of the law to parental responsibility and my oldest boy wasn't born to me, he was taken on by myself from the age of three and sees me as the only Father he has know,me and the Mother were never married. I wonder if this changes the situation at all?

Many thanks

Mike
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello Mike

You have correctly said that you will need the consent of the mother (or a court order to override her lack of consent) to take the children out of the UK or in relation to major medical procedures. But you can apply to the court for a residence order - which if granted is an order which is intended to be a final decision on which parent the children should live with. Once the court has granted a residence order in your name, the residence order allows you to take the children out of the UK for up to a month without needing the consent of their mother or leave of the court. The residence order also automatically grants you parental responsibility. The residence order will enable you to apply for passports for the children, and for child benefit, and tax credits.

HOWEVER, you will STILL need the consent of the mother or leave of the court even WITH parental responsibility for any major decisions in the children's lives eg major medical procedures, or to emigrate with the children, or change their names, or change their schools.

Unfortunately, as I explained before, there is no legal aid anymore to apply for a residence order (unless within the past 2 years you were the victim of domestic violence or the children were the subject of care proceedings, or on a child protection plan or otherwise assessed by the local authority).

But you can make the application to court yourself (or you can pay a solicitor as a private client of course) The court fee is £215. The court form is C100, here:-

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf

With regard to your oldest boy, in your application to court for a residence order, the court would expect you to provide details of the natural father on the application from, and the natural father would be a party to the court case, as would the children's mother (and yourself of course).

However, given that your older boy is 17, you could choose to apply for a residence order only in respect of the younger boy, who is your natural son, because the court is extremely unlikely to make any court order in relation to a boy of 17 years old. If your application is only in relation to your 11 year old then you would not need to provide details of your older boy's natural father.

Once again, I hope this helps!

As before, I would be most grateful if you would kindly rate my answer ok, good or excellent - or I get nothing for my time!!! (so the website keeps all).)

Thanks and best wishes...and good luck Mike!

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