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Parental Responsibility?

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Parental Responsibility?

Postby Stoodent1 » Sun Dec 06, 2015 10:13 pm

Hi folks.

Student question.

Base of the question, is parental responsibility (or lack thereof) over two children whose father died. Mother entered new relationship, long term but unmarried, new partner treated kids as his own, but relationship breaks down. I've covered what the mother is (or is not), entitled to in my view, and it is my belief somehow, that stepfather could possibly be liable for maintenance of children, under CA1989 definition of 'parental responsibility', despite it stating 'parent'. No agreements are in place.

Having a look through Jordan's publishing.

Cheers
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Re: Parental Responsibility?

Postby Stoodent1 » Sun Dec 06, 2015 10:18 pm

To add:

W v W (CHILD OF THE FAMILY) [1984] FLR 796 Looks potentially good IMHO
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Re: Parental Responsibility?

Postby atticus » Mon Dec 07, 2015 9:24 am

I can't help with this one.

But the thing to remember with student questions is that very often there is no one right answer. They are often set in a way that there are a number of possible alternative cases that can be argued. Your job is to make the argument(s) from one or more different points of view. Your task is to think, and to show your thinking.

Best of luck!
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Re: Parental Responsibility?

Postby Hairyloon » Mon Dec 07, 2015 9:27 am

But I think the student needs to start with some thoughts...
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Re: Parental Responsibility?

Postby dls » Mon Dec 07, 2015 12:06 pm

You need to be very careful about that case. The question asked is as to a particular statute, and the case is as to a different statute. One solves one problem, the other a different one. One is about how you prove a person to be a father, the second is as to who can be treated as a father even though he is not the biological father.
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