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Parental responsibility/guadance

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Martiens | 20:42 Sat 03rd Jan 2009 | Civil
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I'm a SA citizen with my partner in the UK. We each have a son (6&4) from a previous marriage. My partner is a UK citizen and I have full custody over my son (ex has reasonable access and lives in SA). My partner and I are in a complicated process of getting our partnership registered under UK Law as a 'marriage', which we are told might still take a year or two. I feel the need to give my partner legal parental responsibility/guardianship to make emergency decisions concerning the welfare of my son. My ex agrees to this and will be sending us a letter to the effect. How, what, where and when? What is the legal term that will be applicable to my partners' position concerning my son? Thanks

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It seems to me that you may be attempting to "rush" matters through in haste. Clearly, you will be barred from "marrying" your partner in the UK under UK law during the lifetime of your present wife in South Africa, unless, of course, you obtain a divorce granted by a Judge, or your wife dies. As to "how, where, what and when" in your post above, I cannot understand the question at all, and this needs fuller explanation from you. However, if, as you say, your wife has agreed in writing to concede responsibility for your son's upbringing to your partner ijn the UK, your partner will be known simply as a "guardian" and, as such, will assume legal responsibility for the child. It doesn't require a court order to assume that responsibility, since, as I see it, matters are being agreed amicably by your wife and yourself.
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Thanks for your answer. We are both legally divorced. I have full custody over my son. Rushing is maybe not the word, but urgently. If something should happen to me, my present wife must have legal responsibility for him, otherwise he'll be sent back to a mother that cannot physically nor emotionally look after him. He knows my partner 80% more than his biological mother. Then South Africa, just like Zimbabwe is for all purposes concerned in a civil war. The rest of the world just doesn�t want to recognise this fact for the responsibilities it will necessitate. We lived there and decided to leave partly based on the fact that we want bring our children up in a safer environment.
Concerning recognition of marriage in the UK � it�s a hole which the UK dug for itself, preventing people nationalities and races not preferred getting into the UK through scam marriages. Believe being a South African I understand this problem they have.., a problem the denounced the old South Africa for writing it as law and applying it. All 1st world countries any way quietly and silently practise so-called �Apartheid�! Legislation determines that two people must prove that they lived together for two or more years, unless you are an Anglican church member. Fortunately the House of the Lords has pointed out this discriminatory stipulation in the Certificate of Approval legislation. How do they know two years is enough? What about two years and three months; five years eight 8 months; 15 years and twelve days? I invite anyone to come and meet my family and me. Then they can decide if we are a scam or not!
Got a number we can call thanks!

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