If a same sex couple separate does the non biological parent have any access rights to the children in England?
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If a same sex couple separate does the non biological parent have any access rights to the children in England?
Currently the UK does not recognize same sex unions. Which would indicate no rights could be accorded the non bio partner in such a union unless there was an adoption.
The following can apply for a residence or contact order only without leave of the Courts:
1/A step-parent or civil partner who has treated the child/children as a child/children of the family; or
2/ Any person with whom the child/children has lived with for at least three years out of the last 5 years (but the period must not have ended more than 3 months before you make the application)
3/Any person who has obtained the consent of the people whose legal position would be affected i.e. a person with parental responsibility, anyone with a Residence Order .
All other people who are not listed above would require the leave of the Court.
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