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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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my girlfriend has recently kicked me out of our family home

Resolved Question:

my girlfriend has recently kicked me out of our family home and is now refusing to let me see our 7 month old daughter. When i did manage to go to her address to visit my daughter, my ex and her mother spent the whole time shouting at me and being verbally abusive about my family and myself. Since then i have asked if i can bring my daughter to my grandmothers house as it is a safer environment for my daughter to spend quality time with myself and my family. My ex has refused and has now accused me of being unfit to look after our daughter on my own, she is stating that i am mentally unstable and aggressive! which i have never been. She has applied for a residency order to prevent me from having her and i now have to appear in court. I now have to reside with my grandmother and mother 130miles away from my daughter and have had to give up the 2 jobs that i previously have. Is there anything i can do? i have sought advice from the C.A.B but they don't think that i have any rights at all.
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 need some further information first.
Are you named on the birth certificate?
Do you mean you want to bring the baby to where you ar eliving for contact?
Do you have any options closer to where the child lives - friend, contact centre, Children centre etc?
Claire
Customer: replied 4 years ago.
Yes I'm on the birth certificate and yes to my residence. I haven't got anyone closer and I'm not sure where the contact centres are. Thanks.
Expert:  Clare replied 4 years ago.
Hi
How often in the past have you had the child overnight on your own?
How often has she spent the night away form her mother?
Claire
Customer: replied 4 years ago.
I've been with her nearly every night until we split up but neither if us have been alone overnight. She has an over active mind and has to go to council long because she panics on her own, so we didn't tend to be alone over night with her. She hasn't spent all night without her mother but has spent most of the night without her a few times, she doesn't wake up at night time till the morning unless she is ill.
Expert:  Clare replied 4 years ago.
Hi
The law says that a child is entitled to regular contact with birth parents and the courts will enforce this if necessary
However since the child is only 7 months old I am afraid the chances of you having overnight contact immediately are very slim .
130 miles is a long way to travel and you will need to build up to this over a period of time.
However clearly contact in your ex's home is not suitable so it would be sensible to look for a local Contact Centre (www.naccc.org.uk) and suggest that contact begins there - then builds up to you taking her out for the day - then eventually to your having her overnight.
If you were able to secure a job and accommodation closer to her (difficult I know) then this could also help
The starting point is to discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk) but if that fails then you may need to make a formal application to the court.
I hope that this is of assistance - please ask if you need further details
Claire
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