Does anybody have any advice with regards to seeking parental responsibility for my step-daughter. Long story but I have brought up my son alone from when he was a baby (he's an annoying 19 year old now) and back in the day I had to go to court to get parental responsibility for him even though I was on the birth certificate as his father but I think the law has changed now. The reason I thought of it was that my wife has just returned to the Philippines as her father passed away but I remained here with my step-daughter and thought about the fact that I have no legal parental responsibility which worries me. My step-daughters father is Canadian and works in the UAE so not sure what channel to go through as it won't be a Philippine route, or will it? Any advice greatly appreciated as ever.
To cover step parent responsibility in UK the normal method is a step parent responsibility agreement signed at family court near you in UK and then sent to high court in london to authorise. https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility Problem with this route is that form is supposed to be signed by both parents with parental responsibility at family court. What is recognised overseas would be another matter but if only concerned about UK then should be fine. Alternate option to investigate is step parent adoption. Has advantage that would get citizenship from you and be recognised as British. Recognition in Philippines would be more of a challenge as my understanding is that requires court order recognising UK adoption to get local registry details updated along with PSA.
As I see it in both the UK and Philippines the father has abandoned the child in your situation. Disregard for welfare of child over a period of time! Have a look through this link it may help from the Philippines side of things ( I have only skimmed it) http://www.chanrobles.com/childandyouthwelfarecodeofthephilippines.htm#.XYR228PTU0M
Steven had agreement from step father in visa application so don't think from UK perspective would get away with claim abandoned. I know from engagement with adoption people that it is expected that efforts are made to trace and talk to father. Would expect same seeking step parent parental responsibility agreement. If I remember correctly step child is illegitimate so no parental responsibility in Philippines. Probably less if an issue there although if anything happens to mother the situation gets very messy with the international dimensions. If mother not around then umder Phlippines law child would be responsibility of grand parents. Under UK law then child would be responsibility of father. Would end up going to court and complications when on visa could be significant. I have step parent parental responsibility agreement which makes things easier legally here and would be fall back position if had problems but would have long term complications. One reason why we have started down step parent adoption route in UK. That said sorting out the Philippines side will still be messy if want recognised there as I understand that need court order recognising adoption in UK to get Philippines birth records updated.
Yes aware of the agreement between Steve and the father as if I recall I had some input into the threads whilst he was doing the application. If the long game is for the child to become a British citizen (believe that to be in about 3years) then the Filipino issues drop off the chart! Maybe!other than them updating their records The reason I suggest going for abandonment in the UK is this, extract UKGOV "Child abandonment laws are the legal rules which relate to a parent's act of leaving his or her child without making appropriate arrangements for the child's well-being and without the intention of returning. Child abandonment law can be a very contentious area of the law. ... Seeking to taking care of an abandoned child. You could argue that the father has by agreeing mother can basically do whet she wants(take child abroad to live elsewhere) and by skipping the country,if I recall he went to live in another country he didnt make arrangements for the childs wellbeing and has no intention of returning or in this case arriving in the UK! If the child has been abandoned then has the father abdicated his parental responsabilities However does it under UK law the named father on a birth certificate cannot lose parental rights unless through adoption. The adoption path might be easier if you can demonstrate abandonment in the first instance. Thats my take
