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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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hi my daughter is splitting up with her boyfriend they have

Customer Question

hi my daughter is splitting up with her boyfriend they have a child who is nearly 2yrs they all
live together in a flat that he owns he wants her out by the end of the week can he throw her out
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
Is she the main carer of the child?
Claire
Customer: replied 4 years ago.


yes she is the main carer as he has a full time job

Customer: replied 4 years ago.

hi yes she is the main carer as he works full time

Expert:  Clare replied 4 years ago.
Hi
There are a number of issues here.
The first is that her ex has to give her "reasonable notice" to leave - at least 28 days - indeed probably much more given the child - and if he throws her out she can apply for an Occupation Order allowing her to live there (without him) whilst she finds somewhere else to live.
In addition (and separately) under Schedule 1 of the Children Act her ex is under a duty to help house his child until the child is 18 and your daughter could make an application under that Act for the right to remain in the property (without her ex) until then.
Alternatively she could use the threat of an applictaion to negotiation a lump sum payment to allow her to find somehwere to rent
Finally the Council should have told you that they operate a housing bond scheme to assist those in need
Claire
Clare and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

he did say he would throw her out and keep the child can this happen

Expert:  Clare replied 4 years ago.
Hi
Assuming that he is named on the birth certificate he is entitled to have the child in his care - but your daughter could then issue an immediate application for a Residence Order so that the child is returned to her care.
If these threats are real - by which I mean his past history suggests he will do exactly what he says he will then your daughter must get face to face legal advice as soon as possible and consider making an application to court BEFORE he carries out his threats and not afterwards
Claire

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