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I live overseas in Europe with my wife and children, but my other children live with their mother and stepfather in Scotland. My ex has a terminal illness and has requested, through a solicitor, that the children remain with their stepfather...I have parental rights but what are my rights if I wish to demand custody at any point, and what action can I take meantime, in legal terms? Will I also still have Parental rights here in Germany and what are my rights now that she is remarried and when the children are living only with their stepfather..? I appreciate any advice you can offer...thanks!
Hi there and welcome 🙂
Well this is a rather sad and complex situation.... Does the stepfather have Parental Responsibility, he would have had to go to court to get this. How old are the children and what are their wishes? The older they are the more their wishes will be taken into account.
I would assume as your ex is communicating through a solicitor that she will have been given advice about this situation. If she is requesting your permission this would suggest that your PR will take precedence once she dies.
If you want custody you could apply for Residency now, citing the mothers terminal illness as the reason for seeking this. This would however involve CAFCASS and possibly Childrens Services and if the children are old enough, their wishes will carry weight.
If the children stay with the stepfather I cant see that your parental rights will change and any afrrangements you have as far as contact is concerned should continue as before.
This is just my opinion and I think you would be best advised to get some legal advice about this. I can ask the moderators to have Coram Childrens Legal Centre come and advise you but if you dont want to wait for that you can contact them yourself. They have webchat and a helpline number -
08088 020 008
www.childrenslegalcentre.com
Hope this helps 🙂
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