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Step Parents & Parental Responsibility

(6 Posts)
Gonzo33 Sun 05-Jun-11 12:02:07

After having a read of a thread on the teenagers forum (mine isn't quite that - but his attitude is advanced!) I realised that my husband would have no PR over my son from a previous marriage, and it struck me that it may pose a problem in the future.

To give a bit of background. My husband is a crown employee, we live overseas for 4 out of 6 years. My son lives with us. His biological father lives in UK.

To move overseas my solicitor obtained leave of jurisdiction along with a residence order and a contact order. I was the petitioner (my husband and I were due to get married 2 weeks after the case finalised).

Very rarely am I away but it occurred to me that if I did go away and leave my son with my husband that if anything happened to my son he would be untreatable (is that a word) until I got back.

My exh is highly unlikely to ever give permission for my husband to also hold PR for our son, so I was wondering if there was a way around this. Can I write a letter to say that my husband can agree to any medical treatment required in an emergency, or can I write a letter to state that I am happy for him to have any medical treatment necessary until I am contactable? I would obviously include medical history and allergies (not that he really has either).

Thanks.

Happylander Sun 05-Jun-11 14:39:52

wouldn't your DH be classed as legal guardian in this case though?? If your DS needed emergency treatment then the DR's can decide this anyway if your son's life/limb was in danger. Sorry not much help.

Collaborate Sun 05-Jun-11 22:43:18

Depends on the law of the land where you are. Your H can acquire PR in the UK. But that only has effect here.

Gonzo33 Mon 06-Jun-11 12:55:11

I am on sovereign soil wherever we live Collaborate, and when you say acquire does this mean a court case? My exh would not give his permission for this.

Collaborate Mon 06-Jun-11 13:25:03

It would have to be a court order then, but you will not be on sovereign soil for the purpose of child law. This is determined by the place of the child's habitual residence. Living on a military base or in an embassy won't count. You can't for example, rush a child to the local hospital, and expect that they'll pretend you're in the UK.

See this

www.findthekids.com/cases/Re_a_others_uk.txt

and this:

www.4pb.com/index.php?item_id=1513&barrister=

Gonzo33 Tue 07-Jun-11 14:30:12

Thanks Collaborate

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