Can a non biological "parent" apply for access?

[Yzma4562]

Can my ex partner, who isn't the biological father of my son, apply for mediation and then possibly court for access to my son? I have had to stop all contact between them for very good reasons. He has essentially been his dad for the last 3 years.

The biological dad hasn't been involved for most of DSs life, there is a no contact order in place.

No expert but he'd probably need a watertight case. That, I doubt he has.

Had he formally adopted your son? We’re you ever married to exDp?

No we never married, and he hasn't adopted him. He kept hassling me to agree to adoption but thankfully I didn't agree!

How old's your son? 3?

Does he have parental responsibility?

Thank you for your replies. My son is 4 in a couple of weeks, and no he doesn't have parental responsibility or anything legally binding at all.

Likely could apply but may not be granted, because he has no legal or biological binding to this child. If he has been acting as the child's dad and everyone has been treating/referring him to that, then maybe that is some evidence in his favour. That he has an established relationship with child. Does child view him as their father? I would take this over to the legal section and see if anyone can advise from a legal stand point. I would cut contact, not agree to anything and take advice.

My ex husband wanted access to his first wife son they said no despite an almost 8 year history he isnt the father

Yes, he can apply but would need the leave of the court in order to do so. That is on the proviso he hasn't lived with your child for a period of 3 years. If he has, he doesn't need the court's permission.

When considering whether to grant leave the court will have regard to the criteria laid down in s10 of the Children Act 1989 which is amongst other things the connection he has with your child and the risk the application may disrupt the child's life to such an extent he'd be harmed by it.

It's not a high hurdle to cross BUT the granting of permission doesn't mean he'd get access just that the court will allow the application to be heard.

HTH

Amazing, thank you so much everyone. He keeps chopping and changing his mind, one day he says he's applied for mediation, the next he'll say he hasn't and isn't going to.

The police have been involved as he hasn't left me alone since I cut contact 6 weeks ago, and has followed us to a supermarket, amongst other things.

I will definitely seek legal advice and go from there, thank you.

If the police have got involved it’s probably not looking good for him. Sounds like a control tactic. Can you go no contact?

I have blocked on everything and have done for weeks, but my phone shows me when a blocked number has tried to call, and he can still leave me voicemails. He's been pretty relentless! He's not going to give up, but i think that's just because he's trying to get at me, not because he's missing DS!

I would go after a protection order and report each and every time he tried to contact you or leaves a message.

Don't reply or respond - not even once. Don't answer unknown numbers. If you have any social media, put all your privacy setting on high. Take down any public photos etc. Basically hoping that by him having no response and no information of you, he will eventually get bored. Right now it seems he is trying everything to either get at you or get you back. You need to have a clear radio silence. You could report as someone else has stated, especially as the police have been involved already.

Can you change your number?