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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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I want to give up parental rights, in order to evict my ex

Customer Question

I want to give up parental rights, in order to evict my ex partner and her present partner from my house.My ex partner will not give me access to my son.I have let my ex partner and my son live in my house for the last seven years.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 4 years ago.

The house is worth £250,000.00. Outstanding mortgage £170,000.00

Expert:  Clare replied 4 years ago.
Hi
How old is the child and how much are you paying by way of maintenance?
Are there any court orders in place?
Claire
Customer: replied 4 years ago.

My son is seven years old,there is no court order in place.Regarding maintenance I pay nothing, because my ex partner does not want to arrange/agree to maintenance/access.She works for the CAB and represents clients on eviction issues at Watford County Court.

Expert:  Clare replied 4 years ago.
Hi
Are you paying the mortgage on the property ?
Is her partner working?
On what basis did she move into the property?
Claire
Customer: replied 4 years ago.

I have been paying the mortgage for the last seven years.Her partner is working.My ex partner and I moved into the property seven years ago when my son was a few months old.Within the year the relationship broke down and she forced me out of the property.

Expert:  Clare replied 4 years ago.
Hi
Were any court orders made at that time?
Claire
Customer: replied 4 years ago.

There were no court orders made at the time, and there are no court orders in place at present.

Expert:  Clare replied 4 years ago.
Hi
You cannot give up your Parental Responsibility I am afraid - that would only happen if the child was adopted by some one else.
However this does not mean that your ex can stay in the property with her new partner indefinitely - or even until your son is 18.
You should give your ex "Reasonable Notice" in writing to leave the property - at least three months given that she has your child.
Remind her that there is no tenancy agreement and that she is simply a "permitted occupier" and you are revoking that permission
If she does not move make it plain that you will change the locks if need be.
You will be liable to pay maintenance for your child at 15% of your net income.
You can apply to the court for a defined contact with the child - this is done using a form C100 and paying the fee of £200
I hope that this is of assistance to you - please let me know if you need further information
Claire