WHAT ARE MARTIN’S RIGHTS?

We spoke to Tracey Moloney, head of the Co-op Legal Services, to ask her what Martin’s legal position is regarding Stacey’s three children...

HOPE

As Martin is Hope’s biological dad, and has looked after her since birth, things are relatively simple. “Martin has clear parental responsibility for Hope,” says Tracey, “which means he is entitled to make decisions about her education, health and religious upbringing in addition to her day-today care. Therefore, Martin can apply to the court for shared contact for Hope without permission.”

LILY & ARTHUR

However, things are not so clear when it comes to Stacey’s other daughter and son. Lily is Stacey’s child by Whitney’s brother Ryan Malloy, but Martin has been her father figure for the past few years. Meanwhile, Arthur is Kush’s son, but has been brought up by Martin since birth… “Martin does not have parental responsibility for Lily,” Tracey tells us. “But what isn’t clear is if he currently has parental responsibility for Arthur. Provided Arthur’s biological father, Kush, gives his consent, then a parental responsibility agreement could be entered into.” But what if, as Martin and Stacey’s split is made official, Kush sides with Stacey over Arthur? Can Martin still make an application to the court? “The court is likely to grant permision for an application for shared contact, as the children live with Martin and he is providing care for them. Kush, who lives locally and has contact, could object to this, but his position is compromised as he doesn’t have any real input into Arthur’s care, having given verbal consent for Martin to look after him.”