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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
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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HiyaMy daughter has moved out of her boyfriends house and

Customer Question

Hiya
My daughter has moved out of her boyfriends house and he would not let her take her baby he is the father to the baby she is allowed round to the house to see her but they are not allwoing her totake the baby out of the house by herself she wants the baby to live with her i have been advised if she has the baby she can leave the house and does not have to return to his house i have also been told by the boyfriends dad the baby has to be returned to therem house as she is registered there i basiclly just want to know

if she has the baby in her care can she have the baby live with her and not have to return
if she tries to walk out with this baby and they stop her can the police be called and this will not affect her if this went to court for a residancy order
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
When did she leave the property and how old is the baby.
Is she actually allowed out of the house with the baby - if someone wlse is with her?
Claire
Customer: replied 3 years ago.

Hiya


Sorry just re-read your emial she is allowed out with the bf and his family


 

Expert:  Clare replied 3 years ago.
Hi
When did she leave the property and how old is the baby?
Claire
Customer: replied 3 years ago.

Hiya


She left 2 jun she wanted to leave with the baby but wasnt allowed


 


The babys 6 months old


 


Linda

Expert:  Clare replied 3 years ago.
Hi
Your daughter is fully entitled to have her baby in her care - and there is no requirement to return the baby to the fathers house at all
On one occasion when she is out and has the baby physically in her arms she should simply walk away and meet you and you can then take her home.
If she receives any threats she should call the police.
At the same time she should make an immediate application to the court for a Residence Order.
If she has been the day to day carer of the baby until now there is little doubt that the Residence Order will be granted - with regular contact - possibly including staying contact - with the father.
I hope that this is of assistance please ask if you need further details
Claire
Customer: replied 3 years ago.

Hi


If the police are called would be look bad on my daughteher and also if she does have her can he then keep her again if shes in his care or does he have to return her


 

Expert:  Clare replied 3 years ago.
Hi
Until a Residence Order is made either parent is entitled to have the child in their care
Whilst it would be better if she can get away without Police involvement there is no real problem if they do get involved
Claire

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