Pr for a step child

[mummy20108]

Hi
Sorry v complicated me and my husband have 4 children. Baby number 3 is not biologically his :( we split up for @18months and I got caught pregnant by someone else. Anyway my hubby has brought the child up since she was 8 weeks old (she is now 2). She thinks he is daddy and is a v happy little un. Ex (her bio dad) has had no contact since she was 3 weeks old he's in and out of prison and is a complete D$%K!! When she was 13 months he suddenly decided he wanted contact and it is still going through court next hearing in 2 weeks. I am opposing contact as I don't think he's suitable to be around my child. I have recently apllied for a Residency order which I was granted as he has made threats to take her and also applied to change her name to mine and hubbys and other kids which was also granted :). Hubbly obviously has PR for the other kids but not baby number 3. We have been told by the court he can apply for it but if ex refuses what happens.
Sorry its complicated

[cestlavielife]

court will decide.
based n evidence submitted.

[mummy20108]

Thanks for replying.What evidence will have to be submitted?

[prh47bridge]

It depends whether the ex has PR. Assuming you were never married, that is down to whether or not he is named on the birth certificate.

There are two ways your husband can get parental responsibility - a Parental Responsibility Agreement or through a court order.

A Parental Responsibility Agreement needs the consent of all those with PR, so your ex can prevent you going down this route if he has PR. However, if he does not have PR he cannot stop you.

A court order does not need consent from your ex, regardless of whether or not he has PR, but he can object if you try and get an order. It would be for the court to decide what is in the best interests of your daughter.

[mummy20108]

Hi
Thanks yes unfortunatly he does have PR and will no doubt object

[mumblechum1]

The court can add your dh on as a third person with PR, but is unlikely to take PR away from your ex.

The evidence will chiefly be a report by a CAFCASS officer as to what is in your child's best interests, having met with all concerned, and investigated the circumstances.

I wouldn't get too tied up in knots about PR, sounds like contact/Residence are going to be more relevant in the circs.

Do you have a solicitor? If not, you should try to find a local family specialist listed on www.resolution.org.uk.

[mummy20108]

Hi
Thanks. Ye I know its unlikely they'll take PR away. Contact is more relevant. I've already got a residence order for myself. Its hard to come to terms with but I know eventually he will probably get some sort of access. I've said I'm opposing any type of access apart from indirect. I don't have a solicitor representing myself

[mumblechum1]

It's not an easy one, is it? As I'm sure you know, the general wisdom is that a child has the right to a relationship with both parents, however much of a prat they may be, but the circs you describe are pretty unusual; you may get an order either for indirect contact, or for contact not to take place till she's a bit older, but she's going to be confused at some point about her parentage if he doesn't go away, so the court may say better to get her used to the idea of having two dads now than later when she may find it harder to come to terms with.

Good luck.

[mummy20108]

Thank you for your reply
I know its mines an unusual case. I wish he's just go away and leae us alone. Hopefully he'll be back to prison soon

[Collaborate]

Think about applying for a special guardianship order. Ask too for an order granting you leave to remove from the country so you can go abroad on holidays.

[mummy20108]

Thanks Collaborate I will look into that. Babybarrister would I be allowed to use this in court that I am back with Hubby and it would destabilise the whole family because it would one of the things I'm dreading if he gets contact is explaining to my 2 older kids that their baby sister has to go visit the man who has repeatedly smashed up our property and harrassed us that much we have had to move