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AIBU?

Ex wants parental responsibility of my son (his step-son), and I don't trust him. AIBU to block it?

131 replies

mojoawol · 11/01/2016 14:48

Me and DH split up in October last year, I had a DS (now 11) from a previous relationship, whose father died when he was v small. Ex-dh, as a step dad, has therefore become his father figure, and now we've separated, ex has shared care of him (which he wanted as ex has DD from a previous also, and they are pretty close).
Ex is a divorce lawyer, and pretty controlling and bullying, not physically (at least not with the kids) so, although I have very mixed feelings about the kids being with him, there's very little I can do apart from be there for them when I am.
Ex has said he wants Parental Responsibility for my son. I've spoken to a lawyer who said that as he has shared care, and is playing the role of a parent, he will more than likely get it. Lawyer also told me that it doesn't really give him any rights to make decisions or anything without involving me, just to know information about him - ie his schooling etc.
However, I just don't trust him. He is an absolute narcissist who wants everyone to think he's doing the right thing for his own benefit and image. He's even said he'll be able to get it even if I don't agree (which in itself is pretty bullying)
Does anyone know anything about PR? Can it give him any rights to anything? I'm concerned why he's so desperate to get it. Could it be a stepping stone to trying to adopt him?

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NameChange30 · 11/01/2016 15:23

I feel really sorry for those kids Sad
Have you ever got any legal advice?

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NameChange30 · 11/01/2016 15:24
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ElderlyKoreanLady · 11/01/2016 15:26

You need a better lawyer I think.

I'm not an expert but as a resident step parent would need approval from an absent parent (with PR) in order to get PR of a child they live with full time, I don't really see that it'd be that easy for your ex to get PR over your child without your approval.

Why does he suddenly want PR? He could surely have gotten it with your blessing while you were together and chose not to?

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mojoawol · 11/01/2016 15:30

I know, that's what makes me suspicious. He says it's because he has sole responsibility of him at times now. For example what might happen if there was a medical emergency when on holiday or something like that.
This seems quite extreme as an example of why something is so urgently needed now. Kids go away with school/friends/family etc and they don't need PR. So yes, as he can't give me a valid reason that seems to make any sense, I'm just very suspicious

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scarlets · 11/01/2016 15:32

I understand that he wants the three children to remain close. I also understand why your son wants to stay in regular touch with his father figure, and at 11 he is entitled to a say (although not about the legal stuff obviously). I can't help thinking, however, that a more casual and friendly arrangement would be preferable to formal PR, which seems a bit sledgehammer-cracking-nut.

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TreadSoftlyOnMyDreams · 11/01/2016 15:33

You are effectively allowing your Ex to continue as the male role model in his life...?

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ElderlyKoreanLady · 11/01/2016 15:36

And he was never alone with him while you were together? Hmm His reasons are rubbish.

I'd block this with every fibre of my being. PR would allow him to make some decisions without you and require that you seek his approval for decisions that it's more appropriate you make alone. He could, for example, take him for a vaccination without your permission, pick him up from school, take him on short holidays, etc.

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BitOutOfPractice · 11/01/2016 15:39

I would give this man PR over my cold dead body

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mojoawol · 11/01/2016 15:40

Yes, and am in constant turmoil about it. However, especially as his real dad is dead, it's important to me that he does have some kind of male role model. That may sound nuts after saying what a bully he is.
But I do trust that he wouldn't hurt the kids, it will be as they grow older and be less manipulable that he (the ex) will come into problems and the kids will learn either to deal with it, or to make their own minds up. If I try and insist that he doesn't see them, ex will only end up being a hero in DS's eyes. We live close by, and am in constant contact. I'm pretty sure that I can still have the right sort of influence and protection over DS so that he doesn't get damaged by anything.

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ArmfulOfRoses · 11/01/2016 15:41

Absolutely do not ask an 11 yo about a legal matter he can have no real comprehension of!
You need to start drastically reducing the time your eldest spends with this man imo.

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ArmfulOfRoses · 11/01/2016 15:42

The kids will learn to deal with it?!

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stopfuckingshoutingatme · 11/01/2016 15:42

Ex is a divorce lawyer, and pretty controlling and bullying

fucking HELL OP

you need to beat him at his game and get a better lawyer, and educate yourself- asap

and is this 2-way, I mean do you get his DD also as part of this weird deal?


I don't read this like he wants to be in your sons life as a friend and mentor, I read this like he wants to fuck you over forever

surely the beauty of having no kids means you walk away?

GET LEGAL ADVICE and in the meantime, don't speak on this topic

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GruntledOne · 11/01/2016 15:44

Can a step parent have PR if he's no longer married to the mother? What if he has PR and then gets divorced? Does he lose it?

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wannaBe · 11/01/2016 15:46

I have to say I'm a bit Hmm at the assertion that he got 50/50 residency of his dd because "he's a narc lawyer." (And IMO the term Narc is bandied around here with far too much frequency). 50/50 is seen as the default starting point these days, it has nothing to do with who throws the much weight and everything to do with the child's right to an equal relationship with both parents. Presumably when you were together you didn't question this 50/50 arrangement?

Op you need to think about what is best for your DS in this situation, and try not to allow your hatred for your ex (with whom you were with for a number of years, had a child together, and who was a father figure to your ds while you were together) cloud your judgement.

You say your ds' dad died when he was very young. Does he remember his dad at all or is your ex the only father he has ever known? Because if so, and he A, has a relationship with his sister, and also a brother who is related to this man who is the only father he has ever known, then the relationship as far as he is concerned is very simple. This man has brought him up, you have been content with him being a father to your ds while you were together, and now that you're not you're wanting to remove that relationship because of your own feelings. Be honest, if the question of parental responsibility had come up at a time when you were together and happy, would you have pursued it?

At the end of the day we're only talking about something which at most will last for another seven years, by which time your ds will be an adult and be able to make his own decisions. In fact he will be able to decide when and where he goes once he turns fourteen, and the courts will take his views into account now anyway.

There was actually a thread on here a few months back from an op who was the step parent but whose dh's ex had died, and the dd lived with the ex's new partner who refused to allow her to go to her dad's and was going to go to court for PR - and they were told he had the same rights as the deceased mother because he had lived with the child for more than two years and therefore would be granted PR.

While I wouldn't be granting PR after a split, if the child had a parent-child relationship with that step parent and they viewed them as their parent on account of the fact they had raised them as their own in the absence of another parent, I would question whether perhaps it would be preferable to allow PR in this instance. Also, what would happen to your DS if something happened to you? Would he want to go and live with your ex and his brother, who would obviously go to live with him by default?

Granting PR in these instances means that both of your children can be seen as equals in terms of their relationships with both each other and the man who is your youngest ds' dad by blood and your eldest ds' dad by nurture.

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Birdsgottafly · 11/01/2016 15:49

""Absolutely do not ask an 11 yo about a legal matter he can have no real comprehension of!""

If the EX applies to the court, the DSs opinion will be sought, if the OP challenges it.

The EX knows what he's doing. You don't want the EX to put his spin on PR and convince the DS.

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Racmactac · 11/01/2016 15:52

PR will give him the right to have a say in his upbringing so for example schooling, medical etc. He can also therefore obtain copies of records held about him etc

You can give it to him by consent or he can make an application to Court for PR. The court will consider what is in the best interests of your son, I think it is likely that a Court would give him PR if he made an application. He has been a consistent father figure in his life and no doubt to the Court he will be able to show what a loving caring father he is, isn't he wonderful wanting to continue seeing his step child.

If however you have concerns about his ability to look after him then I suggest you stop contact but from the little info you have provided I find it likely a Court would say it should continue particularly as your son wants it.

I would keep records of everything

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LittleLegs25 · 11/01/2016 15:55

PR is a piece of paper, he doesn't need it to care for your son as he has been doing, so this tells me that he has an ulterior motive.

I wouldn't give him it if I were you, I would suggest mediation as that is the first step before court action anyway, im guessing he will threaten you with court.

I think its good you have got friendly with his ex as she can also vouch for his behaviour!

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ArmfulOfRoses · 11/01/2016 15:56

That's why contact needs to be much reduced from 50/50.
If 2 grown women couldn't live with his controlling and bullying ways, then I find it bizarre that a child that is not legally his is being allowed to spend so much time there, to dilute the experience for his step sister.

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stopfuckingshoutingatme · 11/01/2016 15:56

Divorce & Splitting Up: Advice from a top Divorce Lawyer (2015 edition) Kindle Edition

this is FREE in kindle OP

some good views that as a man that has co-parenterd your child, he should have a role in his life


time to get studying OP x

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SoapandGloryisDivine · 11/01/2016 16:06

Fuck that.

Yanbu. He sounds awful.

If he did succeed then make sure he pays his way! If he wants to be dad then he should do all that entails, inuding financial support.

You would be able to claim maintenance from him if he gets shared care, right?

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Birdsgottafly · 11/01/2016 16:07

The OP can't reduce contact unless she has something concrete to go to court with.

The DS wants the contact.

You can't move a man in, marry him, live with him for years and then expect your children to not have built up an attachment and decree that contact won't continue, without having an emotionally damaged child.

When you marry, your starting a legally recognised relationship between that person and your children. When you live with someone, a emotional relationship, that is, again recognised in law, begins.

There is sibling contact etc as well.

The OP would have to try to block contact with her younger child, as well and she hasn't got enough to take to court.

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NeedsAsockamnesty · 11/01/2016 16:07

Given that this is a man who has already had 50% of one childs residence responsibility handed to him by a court who will have had access to any counter arguement provided by that childs mother,and who you see fit to willingly with almost no prevention stragtigies send your own child to 50% of the time.

Why on earth shouldn't he have PR?

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MrsDeVere · 11/01/2016 16:08

This reply has been deleted

Message withdrawn at poster's request.

Italiangreyhound · 11/01/2016 16:08

Totally my own feeling but there is no way I would want my kids being around a controlling bully 50% of the time even if he was their father So the fact he is not your son's dad means I would certainly not want him having 50/50 care and certainly not any kind of legal rights.

Please do not discuss this with your son. he is way too young to understand PR (I and other posters here don't understand it!).

Get a good lawyer, understand what the law says and what it will mean for you and ds.

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Birdsgottafly · 11/01/2016 16:08

"You would be able to claim maintenance from him if he gets shared care, right""

He's got shared care, which means when he gets PR (unless DS says No) he doesn't have to pay maintenance.

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