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  • non-parent/guardian signing consent forms

    Hi, I have googled this and cannot find an answer anywhere.
    What do you do if a non-parent/ guardian is signing consent forms without your knowledge, including ones requiring medical info?
    Is it illegal? If so, what is the charge?
    In my case it is an issue of the other side not asking for consent/informing the other parent when their relatives are signing papers, and it is a very slippery slope as the individual in question has no problem "crossing the line" of saying it's ok to pretend to be the child's parent. And the ex has no issue with it or is ignorant of the implications for the future (eg. other consents could be obtained fraudulently).
    I have no objection to the particular case and me or ex could sign consent but I want the practice of "signing" for things without either parent's consent or knowledge to stop.
    Thanks in advance to anyone who knows the answer to this.

  • #2
    Sounds like (s)he gave them permission to go ahead and give consent on his/her behalf. I guess it all depends on what they're signing for as well. If they're signing forms to consent for medical testing etc. then I could see asking to have it stopped. However, if the kids are in the care of someone else (ie: spouse/partner, grandparent or other relative) and a permission form for a field trip or school activity needed to be signed, not sure there is much you could - or should - do about it.

    If you're implying that someone else is signing the forms for whatever issue using the parents name then that's a while different ballgame.

    Your post is very vague so hard to give any concrete answers.

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    • #3
      I don't know much about your situation, but I think it's best/less confusing if consent forms are left up to the custodial parent to take care of. Mostly because this leaves no room for confusion. I make sure to take care of all forms and monies involved for the school, and medical requisitions, etc. I inform my ex about any medical forms, but don't think he gives a crap about the forms from school that require money for my kids to attend art performances in the gym, etc. I think if I brought those up, he'd think I was asking for more money!

      Also, I know that in the case of my BF, he signed for one child to have pizza on pizza day on a day that he had the kids, while the mother received the form for the other child on her day and did not send it back. The confusion led to an issue where one child was left out of something fun.

      If you are implying that your ex's SO is signing forms, then I would have HUGE issue with it, but that depends on your situation and how long the've been involved in the children's lives. A grandparent is a bit different depending on the relationship/interaction with the child. I don't know that a non-parent should be signing forms, just for the confusion it can cause relating to the reason behind the form. I think I would want to check my calendar with regards to a field trip, but then again I volunteer with the school and I would know about these things.

      If the person in question is forging signatures, then I would be sure to let the school (if it's school related) know that you suspect this is happening and that you have concern, if you don't get any cooperation from your ex.

      JMHO

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      • #4
        If you have joint custody and someone else is signing consent forms, then you have an argument.

        If you don't have joint custody, it's dodgy, because it might as well be me filing a complaint. The action isn't infringing on your rights or responsibilities.

        That said, the first step is to take it up with individual/organization (doctor, school etc.) that needed the form signed. You politely and professionally point out that they do not have legal consent as the person signing is not the child's parent or guardian. If you have joint custody you present proof of this to them and ask for copies of the consent form. If they refuse, you advise them that you will subpoena the forms for legal action you will be taking and they should expect to hear from the courts.

        You document, as best as possible, at least several instances of the consent signings, and you contact the other parent with a formal, polite and professional letter, detailing the instances and requiring that the activity cease. Don't initiate any court action unless/until you have made an offer or request to the other party. If they refuse, file a motion in court requiring the other parent to cease this action.

        Comment


        • #5
          Thank you Mess
          That sounds quite reasonable and fair and I am documenting. It does depend on the kind of form they are signing and the impact on the child, etc.
          I just don't want it to turn into a slippery slope (eg. travel consents "oh it was ok in the past for me to do this" etc.).
          I have no issue with my ex signing the forms it is more an issue of him having control over other people in his life (no significant other for either of us so no its not a jealousy issue). He himself doesn't always know how to set boundaries and it angers him and I feel at times that I have to be the advocate for everybody because of this (you know, good cop, bad cop!).

          Comment


          • #6
            I'm a little confused...
            Why "If you have joint custody and someone else is signing consent forms, then you have an argument." But "If you don't have joint custody, it's dodgy, because it might as well be me filing a complaint. The action isn't infringing on your rights or responsibilities."
            If one parent has custody and someone else who does not have custody is signing consent forms, why would that be dodgy? I would have thought (okay, I presently believe) the custodial parent is the one who signs ALL consent forms. If/when two parents share custody, then either parent can sign consent forms?
            I believe your advice in the 3rd and 4th paragraphs is excellent Mess.

            Comment

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