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Share PR question

Share PR question

Postby NRparent on Fri Nov 30, 2007 1:39 am

If the LA have a ICO or Full care order and the parent/s with PR want to share PR with another person, can the parents share PR without involving the LA or would the LA ask for the agreement to be reversed or not acknowledged?

Is there any reference to PR in the Adoption act?
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Postby Hope on Tue Oct 21, 2008 10:16 pm

I am also interested in this many family would want to share PR in oder for children not to go for adoption?
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Postby escape on Wed Oct 22, 2008 7:48 am

The case I am invovled with at the moment is similar in that the mother wants to share PR with the grandparents, however what seems to have been suggested is that they go for a residency order where mother and child stay living at the grandparents home. With the mother as the primary carer, but she cannot just up and leave with the child, say if she were to meet someone else and want to move out.
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Postby PeterPan on Wed Oct 22, 2008 12:57 pm

Adoption means that fulll PR is transferred to the adoptive family.
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Postby NRparent on Thu Oct 23, 2008 1:17 am

I posted that question ages ago....and I have a better idea of the answer now.

A parent can share their PR with another person by agreement. If there are no care orders on a child, the parent can (by agreement) transfer residency) of a child to another family member.

It's best to formalize such an agreement and obviously have a written agreement so all parties involved know where each stands and what each person's responsibility is.
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Postby Hope on Thu Oct 23, 2008 8:45 pm

What about if children are on ICo and mother wants to share Pr with grandparents and La?
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Postby NRparent on Thu Oct 23, 2008 10:22 pm

A grand parent applying for PR is possible, though the LA might oppose the application. There is nothing stopping the application, though you might need permission from a Judge to apply.

The reasons for your application and intentions about how you plan on using the PR need to be sound and good.

I have heard of a few cases where a parent got PR for their child when the child was on a placement order. Sadly I don't know of a case where a grandparent got PR (yet).

The leading case law suggests that joint residency should be the "tool" for sharing PR and not a free-standing application for PR. I would guess the leading case law promotes the practical application of the PR, rather than the legal status by it's self.

Explain how you think you getting PR would help the child concerned, if there is merit, I might be able to help you build that merit.
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Postby Hope on Fri Oct 24, 2008 11:54 pm

judge has said we could oppose ico on grandkids

daughter wants us to have sgo instead of adoption (doesnt stand much if any chance of having them returned to her drugs problem)

is she better asking her solicitor to oppose ico as well, in favour of sgo

where would that leave la who want us to apply for sgo but jump through assessments hoops and we are sure they are really only setting us up to fail(sw told daughter we were after PR) devil advocate spring to mind

la want kids for adoption
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Postby NRparent on Sat Oct 25, 2008 12:27 am

errrm, I think someone might be misleading you, though I have to remind myself that I am unfamiliar with the status quo before interim order was made.

ICO preserves the status quo, so you getting PR and then opposing the ICO might only help if assessments are completed and/or if the status quo was in your favor.

If you get SGO or RO, you get PR in any case.

If you got PR now, legally (technically) you can apply to gain party status.....which is not the intended use of PR or gaining PR.

One stronger point of gaining PR would help you and your daughter oppose an application for an adoption order and application for placement order....again, not the intended use of PR.

If you want to apply for a SGO, the application is meant to be "on notice" to the LA, 3 months in advance. You don't need PR to apply. Parents can't apply, so gaining PR might not be a good idea.
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