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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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Is it possible to give my partner parental responsibility for

Customer Question

Is it possible to give my partner parental responsibility for my eldest child without permission from his biological father who is named on his birth certificate? His father has been out of contact with my son for nearly 10 years and I have no contact details for him. My partner wishes to take both my children to visit his parents in portugal but I understand he may have problems re-entering the country without proof of parental responsibility. Or is there some other way for me to give him temporary rights for the duration of the trip?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 were you married to his father?
Clare
Customer: replied 1 year ago.

The child is 10. I was not married to his father, although he is named on his birth certificate, and he has had no contact since he was 5 months old.

Expert:  Clare replied 1 year ago.
Hi
Are you married to your partner?
Clare
Customer: replied 1 year ago.

No we are not married, we have lived together for 6 years and have a 5 yo son together. So he has lived with my eldest child for 6 years

Expert:  Clare replied 1 year ago.
Hi
have you taken the child abroad before?
Clare
Customer: replied 1 year ago.

No this would be his first trip, but I cannot go and my partner would be travelling alone with both my sons

Expert:  Clare replied 1 year ago.
Hi
When is the trip scheduled for?
Clare
Customer: replied 1 year ago.

October half term-22nd October this year

Expert:  Clare replied 1 year ago.
Hi
The only way that your partner can obtain Parental Responsibility is by way of a child Arrangement Order stating that the child lives with both of you.
In Order to obtain that you would have to trace your ex so that he can be served with a copy of the application
If you decide to take this route then an Enquiry Agent (private detective) can no doubt trace your ex - or in default the DWP can be asked to release his address to the court - although this will take more that the six weeks or so available.
The only other option is for you to write a letter confirming your agreement to the trip and authorising your partner to deal with all medical matters arising on the trip
I hope that this is of assistance - please ask if you need further details
Clare

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