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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, I have a sole residence order in my favour issued by

Customer Question

Hi,

I have a sole residence order in my favour issued by an English Court re my 5 year old daughter, who relocated with me to the UK when she was 1 year old, following my divorce with her biological father, who lives abroad. Shortly after I moved, I met my actual husband and we live as a family for 3 years (which includes my stepson, who stays with us every other weekend and on Thursdays). My daughter addresses my husband has "dad" and his son as "brother" and she does not know very well who her biological father is.

The court also ordered the following specific issue orders:
1) that the passports are entrusted to me and to me only
2) that my husband and my mother may travel with my daughter without me

No contact order was issued by the Court.

My daughter's first language is English and she attends public school here so now it is a concern for me how will be her future, in case the worse happen to me.

In particular, I would like to understand the following:

1) Because my husband is mentioned in the traveling specific order, did he acquire parental responsibility?
2) In case he does not have parental responsibility, can I grant him with that right without her biological father's consent, considering I have the residence order?
3) Can I designate him as carer in the event of my death, i.e., will my residence order be transposed to him in the event of my death over her biological father?
4) Her biological father did not apply for contact, refuses to pay for medical or school bills, refuses to visit her in her home environment and does not see her for 1 year now. I am soon to try for a baby and would concern me that in the future my daughter could, due to a fatality, be separated from what is her family. Does my husband have any grounds or chances of applying successfully for adoption, considering that he is the one who is raising her as her father, without the agreement of her biological father?

Thanks
D
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the last order made?
Clare
Customer: replied 3 years ago.
Hello Clare, the order was made in April this year. Thanks. Dora
Expert:  Clare replied 3 years ago.
Hi
Thank you for that
1. No that would only have happened if you and your husband had obtained a Joint Residence Order
2. No this can only be done with the father's consent or by way of a Court Order.
3. You can make a Will naming your husband as Testamentary Guardian for your daughter. Since you have a Residence Order this will give him Parental Responsibility in the event of your death
4. It is unlikely at this stage that a Court would grant the adoption if her father objected - however your husband can apply for a Residence Order of anything happens to you
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you. Just one more question, please. In 1 year time I will be able to register my daughter as British and I am guessing that her father will object because it is his natural response to all approaches. Will I need his consent to do so? If I do and he does not consent, what are my options? Thanks
Expert:  Clare replied 3 years ago.
Hi
You can seek a Court Order on the issue of need be
Clare