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Clare, Solicitor
Category: Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a 12 yr old daughter. she was born in January 2003.

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I have a 12 yr old daughter. she was born in January 2003. I do not recollect being present at birth registration,however my name is ***** ***** certificate, and my daughter has my surname. I have never been married to my daughters mother ,who intends to marry her partner in june 2015. I have been apart from my ex partner for approximately 7 years .....during which time I have looked after my daughter almost 50% of the time .my relationship with my daughters mother remains challenging...we endeavour to address this by utilising her current partner as a "mediator". recently, her current partner , unexpectedly broached subject of parental responsibility....telling me they had discussed this and felt it was appropriate that he has parental responsibility "in case my daughters mother dies" . I was surprised and as a result of subsequent research I presented my daughters mother with what I believe to be form "PRA1" , requesting that she sign it in order that the law recognises my responsibilities for my daughter. I gave this to her two weeks ago and she refuses to sign it . my daughter continues to live with me for 3 days and nights a week . I also pay over £200 per month to my daughters mother to contribute toward my daughters needs whilst she is with her mother and partner. we have all tried to communicate without recourse to legal imput ... I am keen for this to continue ..I believe they are of same mind . however , I understand after their marriage , my daughters mother can legally "give" parental responsibility for my daughters well being to her new husband without discussing with me ....resulting in them both ,in the eyes of the law having parental responsibility for my daughter whilst I would have none . I believe unreservedly this is not in my daughters best interests. i
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What reason is the mother giving for the refusal?
Customer: replied 2 years ago.

No reason given.

How would you feel if you all three had PR?
Customer: replied 2 years ago.

My initial thoughts are that I would be open to any suggestions that are in my daughters best interests. I did attempt to discuss her reasons for not signing the form but no reason was given and I was just told I could have the form back unsigned. I am concerned her partner has lived in Australia for a number of years in the past and has dual citizenship. I suspect at some point they may intend to move there. My pressing concerns are that I believe I would have no rights to object to this. If ultimately all three of us had parental responsibility how would this impact on any of their future decision for example moving abroad?

Given your clear commitment to, and close involvement in the life of, your daughter you shoudl indeed have Parental Responsibility for your daughter and there is no doubt that the Court would grant it if you applied for it.
Equally it is hard to see why your ex's new partner would need Parental responsibility at all given your close involvement in your child's life.
The starting point is to arrange a Mediation appointment
When that fails you can apply to the court for a Parental responsibility Order - which will be granted.
I hope that this is of assistance - please ask if you need further details
Clare and other Law Specialists are ready to help you