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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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Madam I would like to know about taking parental

Resolved Question:

Dear sir/madam
I would like to know about taking parental guidance for my step son, I am married to his mother, I have found the form I think I need
Step-Parent Parental
Responsibility Agreement
Section 4A(1)(a) Children Act 1989
Could you confirm if just his.mother is required to sign or his father too? And would this give me responsiblity to.sign for things such as visas for family holidays?
Thank you
Phil
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How old is the child and is the father named on the birth certificate?
Clare
Customer: replied 2 years ago.

Dear Clare,

Thank you for the reply, my step son is 5, and it is his biological father on the birth certificate. In her divorce the Care of the child was agreed to be my wife.

Best regards

Phillip

Expert:  Clare replied 2 years ago.
Hi
Will the father agree to your having step-parental responsibility?
Clare
Customer: replied 2 years ago.

Hello,

We haven't asked him, but I do not think so, at this moment in time we are exploring the possibilities of obtaining it without him, I have been with my wife for four years, married for two, he sees me as his father.

Thank

Phil

Expert:  Clare replied 2 years ago.
Hi
I am sorry but BOTH parents have to sign that form - there is no way of your obtaining any form of Parental Responsibility without either the agreement of the father or an Order from the court
Even an applictaion to the court for an Order will require an initial mediation meeting between your wife and her ex to discuss it prior to the applictaion being made - and you will need to show that there is a pressing reason why you need to have a form of PR.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi

We will talk to the father and see.if he will sign the agreement, What reasons are generally acceptable to gain Products

Much appreciated

Phil

Expert:  Clare replied 2 years ago.
Hi
If your wife works away a lot then there would be a good reason for your having PR in the case of minor accidents - so that you had fill authority to deal with doctors
The agreement of the biological father would still be needed for any trips abroad
Clare
Customer: replied 2 years ago.

So just to clarify, there is no way to get Visa's for him without the biological fathers help?

Thanks

Expert:  Clare replied 2 years ago.
Hi
Where do you wish to take him and when?
Clare
Customer: replied 2 years ago.

Hi

To China in the summer holidays to see family

Phil

Expert:  Clare replied 2 years ago.
Hi
Is there any reason why his mother cannot sign the application?
Clare
Customer: replied 2 years ago.

Hi

If he is offered the travel document they require both parents details

Phillip

Expert:  Clare replied 2 years ago.
Hi
Unless your wife has a Residence Order you will need the permission of the father for the trip in any event - so if he will not sign the documents this is a matter that can be dealt with within the application for a Specific Issue Order regarding the trip
Clare
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