What is the law when seperated from the step parent please?

[Anothernamechanger1]

If you are married so your 'spouse' is your children's step parent and you permanently seperate, does the step parent, who has no contact with the DC, still have parental rights?

Tia

NN where did you get the info from? This is a concert to me and I need to be sure about the PR. I am legally still married to their 'step dad', he was contact on school but didn't go to school at all, he never went to court for anything to do with them, he only lived with them for 11 months. I was going to delay the divorce as I have to much other stuff going on to deal with just now but him having pr will make a big difference to that decision?

Here is the DfE guidance that explains the difference between a "parent" as defined in family law compared with education law.

https://www.gov.uk/government/uploads/system/uploads/attachmentt*data/file/489901/ParentalalResponsibilityyAdviceceforrSchoololJanuary2016.pdff

Very few people realise there is a difference - even many family law solicitors, unfortunately. Lots of schools do though, after a few high profile cases where "parents" have been unlawfully excluded.

It shouldn't make a difference to anything associated with family law, but you may have to negotiate with the school to establish how they interpret the guidance I've linked to above - however, your divorce, or otherwise won't make a difference.

That page isn't found?

I'm not having any problems with the school or attendance board, I just don't want him having any rights one way or other over them (not that he's trying to) I need to delay the divorce for a bit but if he still has any kind of rights or 'parental responsibility' then I would divorce now to end that?

As has been said several times on this thread he did not get PR by marrying you. There are only three ways a step parent can gain PR - court order, PR agreement and adoption. Assuming you and your husband have not adopted your children and that you haven't entered into a PR agreement that just leaves court orders. Assuming there isn't a specific order giving him PR (as you should know about that) the only possibility is if he is named in a Residence Order or Child Arrangements Order. If he is not named in any such order he does not have PR.

Regardless of whether or not he has PR he may be able to apply for contact with your children.

Divorcing him will make absolutely no difference. If he has PR now (which I don't think he does) he will still have it after you divorce. He may still be able to apply for contact after you divorce.

As you are separated the school should no longer be treating him as a parent as he no longer has care of your children.

The link NNChangeAgain intended to post is www.gov.uk/government/uploads/system/uploads/attachment_data/file/489901/Parental_Responsibility_Advice_for_School_January_2016.pdf