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parental responsibility
#1
Hi all!
The mother of my daughter wants to surrender to me the parental responsibility. The problem she is bi polar and i am afraid that she will change her mind in few months.
Is there a way that I can make all the agreements formal?
 Many thanks!
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#2
(02-19-2018, 09:21 PM)NikoP Wrote: Hi all!
The mother of my daughter wants to surrender to me the parental responsibility. The problem she is bi polar and i am afraid that she will change her mind in few months.
Is there a way that I can make all the agreements formal?
 Many thanks!

From my understanding, only a Court can do this, if the parent is a risk to the child.

Losing PR will not mean they do not have to pay Child Support, as PR status has no leagl bearing on it.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Adoption ends parental responsibility, but I don't think you can adopt your own child. If you had a partner/new wife, you could both adopt the children, with the Mother's permission, which end her parental responsibility. I am not 100% on that but have a look at this - scroll down the page to the bit about step parent adoption. Any partner or new wife would have to have lived with you for at least six months. You would both then become the adoptive parents with parental responsibility.

https://childlawadvice.org.uk/informatio.../adoption/

That might actually be the better way to do it. Read something that said, even if court accepted a parent giving up pr, they can get it back again in the future by applying for it (eg your ex might change her mind!). Whereas if the child has been adopted, that isn't possible. It's ended.
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#4
If you have a court order saying the child lives with you, then you have the primary parental responsibility. As she is having mental health problems, I would take her up on this as swiftly as possible. It sounds as if even if she hadn't offered it, you should ask for it anyway. Get a solicitor, get a court order.
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#5
(02-20-2018, 04:04 PM)Tamagoto Wrote: If you have a court order saying the child lives with you, then you have the primary parental responsibility. As she is having mental health problems, I would take her up on this as swiftly as possible. It sounds as if even if she hadn't offered it, you should ask for it anyway. Get a solicitor, get a court order.

There is no such thing in law is Primary Parental Responaibility.

Child Beneift is paid to who is considered in law to be the Primary Care Provider, and that is the person who exceeds 50% of the nights in most cases.

However, it does not alter the fact that the person who gets is, should seek opinion from the other parent, for Medical and Education related things.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#6
Why does she want to surrender it? There's a case for just ignoring it! Is it in case you ever wanted to claim child support?
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#7
(02-21-2018, 12:06 AM)Charlie7000 Wrote: Why does she want to surrender it?  There's a case for just ignoring it!  Is it in case you ever wanted to claim child support?

PR status has no legal bearing on Child Support.

The law for that requires the natural parents to support the child, even where a child is the product of rape, and therefore will never get PR.

In my own case, I now have my 2 live with me, and PR for their half sister, who will lives with the ex. Just because I got PR does not mean I have to pay child support for her. All that happens is the normal, when CMS get round to sorting out payments (due to her change of income), is they take into account she lives with her.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#8
Thanks for clearing that up Mark. I was just wondering what the benefit of giving up parental responsibility would be to his ex. When there are plenty of people who have PR but have no involvement with their children (whether by choice or not). It isn't much benefit to the other parent either if she can later change her mind and apply to have it back again.
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#9
(02-21-2018, 11:42 AM)Charlie7000 Wrote: Thanks for clearing that up Mark.  I was just wondering what the benefit of giving up parental responsibility would be to his ex.  When there are plenty of people who have PR but have no involvement with their children (whether by choice or not). It isn't much benefit to the other parent either if she can later change her mind and apply to have it back again.

The law is not about the parents, its The Children Act 2002, what gives the child rights.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#10
(02-21-2018, 07:50 PM)MarkR Wrote:
(02-21-2018, 11:42 AM)Charlie7000 Wrote: Thanks for clearing that up Mark.  I was just wondering what the benefit of giving up parental responsibility would be to his ex.  When there are plenty of people who have PR but have no involvement with their children (whether by choice or not). It isn't much benefit to the other parent either if she can later change her mind and apply to have it back again.

The law is not about the parents, its The Children Act 2002, what gives the child rights.
Thanks Mark.  Yes that makes sense.
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