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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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I have recently left my husband and am now in a relationship

Customer Question

I have recently left my husband and am now in a relationship with a woman. My 5 year old son lives with my husband as he doesnt work and I do full time. My husband is saying I have no rights for my son for me to see him even though I have paid maintenance and the morgage since moving out. He is also saying that my partner is not allowed around my son as we are 'sick'. Is he right that as I am a woman with a woman that the courts would not allow us to see him. My son loves my partner and this is tearing us all apart
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
The law says that a child is entitled to contact with both parents and the courts WILL enforce this if necessary.
The fact that your partner is female does not change this and the Court will not prevent contact because of it.
You should try and discuss this with your ex using family mediation (www.familymediationhelpline.co.uk) but if that fails then apply to the courts for an Order.
More details on these websites
http://theparentconnection.org.uk/
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Can he stop me from having my partner with me when I have my son though. As far as my son is concerned at the moment she is my friend. As he is only 5 I dont feel he needs to know the details but she is a part of my life as much as my son is

Expert:  Clare replied 3 years ago.
Hi
How often has he met her in the past?
Clare
Customer: replied 3 years ago.

He has met her about 5-6 times and he keeps asking me where she is now as they got on so well but the other day when I took my son back to his father he went nuts and spat in my face and kicked my car telling me I had a sick life and that our son was not to be a part of it.

Expert:  Clare replied 3 years ago.
Hi
Since he has already met her it is unlikely that the court would prevent him from seeing her again
Clare

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