stuart1213

I am soon to enter into a civil partnership with my partner. I wish at that point to APPLY for parental responsibility for her daughter, However the childs biological father will not sign the forms required is it possible to take this to court and gain parental responsibility without his authorising it.

he has had no contact with the child in over 8 months, contact was ceased after he refused to give back the child and threatened my partners safety after a regular visit. we sought legal advice before making the decision to TEMPORARILY suspend the visits we have been waiting for his response to solicitors letters which have not come.

I do not want to take away his rights Neither do either of us want him not to see his daughter but after his threats and knowing his temper etc we want to resume his visits as supervised only until my partner is satisfied no such threats will be made again.

Posted on: April 5, 2013 - 9:25am
Louise
Parenting specialist DoppleMe

Hello stuart1213 and congratulations on your forthcoming civil partnership ceremony!

Yes you can apply for PR, even if the father does not agree, you will need to show the court that you have the role of parent eg look after her, pick her up from activities, feed her etc. This will not remove the dad's PR, it would just be in addition. Click here for a guide to this.

Posted on: April 5, 2013 - 2:04pm

stuart1213

Cheers Louise, found out today (Through Facebook - omg what would jeremy Kyle say)

That my step daughters dad has applied for and got legal aid, my poor partner is panicking now bless her, I have told her not to worry, hes finally doing what we have asked him to do, shes just worried now about her kid being sent back into the situation whereby he could refuse to bring her home again. am I right in thinking we have to prove the original threat existed to ensure his visits are at least in the beginning supervised

Posted on: April 5, 2013 - 2:21pm

Anna
Parenting specialist DoppleMe

Hi stuart1213, there have been a lot of changes with legal aid recently and with the new rules he wouldn't have received it.

Judges will deem supervised contact after the non resident parent has been proved to be unsafe to be left alone with the child, however these are often only for short periods. After an initial hearing, it may be that CAFCASS get involved and talk to the child. See more information here.

To get some free legal advice and the best way to go forward with this I would encourage your partner to register with this site and email our Legal Expert. Unfortunately they are only funded to respond to the resident carer. 

Posted on: April 5, 2013 - 5:24pm

stuart1213

Thanks Anna. we WANT him to get the legal advice, we want him to see his daughter its her right to have a dad, you can lead a horse to water but you cant make it drink.

its now been 8 month or more since he even spoke to her on the phone, and we only found out about him finally getting legal aid via one of his comments on facebook (if its true, im inclined to believe you that he wont be getting it).

I wouldnt say him having her was unsafe, at least I would hope although he has a history of being violently aggressive and has threatened my partner numerous times, THAT would not extend to his daughter

 

on a lighter note shes such a little sweetheart, she called ME daddy over the weekend.... neither my partner nor I have encouraged that but I will be damned if I am gonna discourage it, she deserves a daddy and just cos im not her bio parent im sure as hell gonna make sure she has a damn good step daddy

Posted on: April 8, 2013 - 8:56am

hazeleyes
DoppleMe

Hi Stuart. It sounds to me as if you're a great step daddy. You only want what is best for the little girl, and that's all anyone can hope for. I'm sure you were over the moon too, when she called you daddy.

Posted on: April 8, 2013 - 1:03pm

stuart1213

of course I was. great is a matter of opinion, we can only be the best we can be and as far as I am concerned shes gonna get the same love and attention that i have for my son, hes been a proper little godsend through me meeting my partner, us moving in together and deciding to wed. such a grown up kid, hes gonna be my best man he was absolutely chuffed to bits when i asked him and i asked him the other day what he thought of my partner he said 'i love her dad'

just all coming together for me, yeh its a shame it couldnt have been with his mum, but she fell outta love with me and we have had our struggles but TOGETHER were good strong parents now, shes a bit of an awkward so and so at times but its becoming further and further between times that she does anything daft.

plus I got a new job in November which almost doubled my earnings, so everything coming together just feels like karma, im keeping my eye on the board in case theres anywhere I can offer advice and support just to give back.

Posted on: April 8, 2013 - 1:43pm

Sally W
Parenting specialist DoppleMe

Hi stuart1213, your so right we can only be the best we can be, it is great to hear that everything is working out for you, i think it is so sweet that your son is going to be your best man.

Not sure if i missed it but have you set a date for the wedding?

Posted on: April 8, 2013 - 5:02pm

stuart1213

no no you havent missed it I havent said when

its August 29th

 

Posted on: April 9, 2013 - 11:11am

Anna
Parenting specialist DoppleMe

Hi stuart1213, I imagine the wedding plans are all underway then, are you being hands on with the wedding or are you letting the lady in your life create her perfect day? Smile

I can understand you and your partner both wanting your step-daughters father to be involved in her life. However if he chooses not to be, it sounds as though she won't be missing out.

Of course ideally everyone would get along amicably for the sake of the children, however it just takes one participant to not 'play the game' and the children will get upset. Your step daughter sounds quite happy with the way things are, best wishes to you all!

 

Posted on: April 9, 2013 - 2:36pm

stuart1213

Just gotta pay the registrar and book our dj and photographer and were all done, anyone know any in the derbyshire area? were not so fussed about price were plenty well off, but we wanna have a good rapport with them.

No notification from our solicitor with regard T getting legal aid yet, I think hes blowing smoke up our A** TRYING to get a response, I think the guy forgets WE both Want him to see his daughter.

Posted on: April 11, 2013 - 10:54am

Sally W
Parenting specialist DoppleMe

Hi stuart1213, Wow your pretty much sorted on the wedding front.

Hope you get some news soon about the legal aid,

Posted on: April 12, 2013 - 11:24am