Parental responsibility cannot be granted to anyone once kids are under full care orders

[mumabroad]

Hi
I contacted your service several years ago - my children were under full care Orders -and the step M - supported by SW and the GAL - made an application for a Parental Responsibility Order. I was unrepresented - and argued there was no mechanism in statute law for such an order to be made. The circuit judge - sought legal advice from the Royal Courts of Justice - and they agreed with me - this was 2008. In 2012 - in my absence (I was abroad ) - step M was granted Parental Responsibility. The children are still under full care orders. I have had no UK based legal advice (although I am a Brit - abroad). Anyway - it turns out - that the Parental Responsibility Order is wrong - it should never have been applied for again - or granted - especially because the RCJ - the Lord Justices - gave specific advice - on this case regarding this.

I thought it is important to put this out there - in case it has happened to other parents - and of course - now I need help getting this order set aside.

any suggestions?

[Suzie, FRG Adviser]

Dear mumabroad

Welcome to the Family Rights Group Parents’ Discussion Forum.

My name is Suzie, online adviser, at Family Rights Group.

It is difficult to advise you regarding the issue relating to parental responsibility without knowing more details. You say the children are subject to full care orders which were made some time ago. Are the children living with father and stepmother? How old are the children now since care orders were, I assume, made in 2008?

Your post does not say with whom the children are living under the care orders. You say that in 2012 the children’s stepmother obtained parental responsibility without your knowledge. This would be unusual since, as the children’s mother you retain your parental responsibility and you would be a party to any proceedings brought in respect of your children. Is it possible that the care order is no longer in place and the stepmother obtained parental responsibility through an order e.g. residence or child arrangement of special guardianship.

The court would not make an order in respect of the children residence unless the care order is discharged because such an order could not be in force alongside a care order

I suggest that you contact Coram Children’s Legal Centre (Child Law Advice) on 0300 330 5480 for further advice regarding an application to set aside the parental responsibility order which you state in your post was obtained incorrectly and without your knowledge.

Best wishes

Suzie