Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

parental responsibility

5 replies

ellenjames · 23/01/2011 08:59

hi can anyone help me please. My dh doesnt have PR for his 2 eldest children with ex p. The children were born pre 2003 and they weren't married.
Due to issues with aggression and violance from the mother i was wondering if you can apply for PR without having to see the mother, eg go to court together?
Also can anyone tell me how much this would cost.
Thankyou

OP posts:
Resolution · 23/01/2011 09:06

He'd have to go to court to get PR. Alot of PR involves the joint exercise of powers. Maybe he could use the court process as an opportunity to have some conciliation.

ellenjames · 23/01/2011 09:18

We are in the process of arranging a meeting with a family conference group regarding contact issues as they feel its in the childrens best interest to see their father, something she hasnt allowed for the past couple of years.
The lady i have spoken to says we can have these meeting s without her due to her violent nature and that they can help with setting up and maintaining contact this way too, as again its in the best interests of the 2 older dc's and our 3 dc's together.
There is no chance of any reconciliation, due to the threats made against us and our children, and constant abuse recieved and inflicted on the older 2 because they have been with us. All incidences reported to police.
As with many seperated families the situation is a minefield! thankyou x

OP posts:
Resolution · 23/01/2011 09:28

Conciliation is not reconciliation. It's about finding a way to function together. I hope things work out. Sounds like contact is the main problem though.

FamilyBarrister · 23/01/2011 09:33

For children born pre-December 2003, unmarried father's effectively have two choices for obtaining PR.

The first is to enter into a PR agreement with the mother. It follows, as a matter of logic, that the mother must therefore consent. A formal document is drawn up & registered. Simples. As such, the cost would be quite low and they would probably not have to see each other.

The position is slightly more complex if the mother doesn't consent. As has been said above, an application to the court would be required. This is not difficult, but would likely require attendance at court on at least one occasion, by both parties. Again, as has been said above, he might be able to use the first court hearing for conciliation, but the back ground of the case & the willingness of each party to mediate will determine this.

How long the proceedings take will dictate the cost. If they are contested all the way to final hearing, then the cost is likely to increase. A decent solicitor costs anywhere between £140-£200 per hour, possibly more, depending on your location. He may be eligible for legal aid, depending on your income.

When deciding whether or not to grant PR the court always considers the children's welfare. The reality is that if a father has shown commitment to a child, he is likely to be granted PR. If your partner has fairly regular contact with them and plays an active role in their lives, I imagine a court would need to be persuaded by the mother that there were excellent reasons to withhold PR.

FamilyBarrister · 23/01/2011 09:36

Having now read your second message, it does sound like contact is the main issue. A PR application can be 'tagged on' to an application for contact. It is very common to see both applications running at the same time.

New posts on this thread. Refresh page
Swipe left for the next trending thread