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Ask Clare Your Own Question
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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i am 18 years old, i have a three year old brother by the same

Customer Question

i am 18 years old, i have a three year old brother by the same father but a different mother. our farthers and his mothers relationship is coming to an end very soon, they are not married but my dads name is XXXXX XXXXX brothers birth certificate. my dad is hesitant to leave his partner as hes worried she will take his son away from him, what rights do we have?
1. how often can we see my brother
2. can she change my brothers surname
3. whats the best way to go around the brake up/arrangements to get access to my brother
4. special occasions - legally can my dad get it so he has my brother every other birthday/Christmas?

thank you please help
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 but I need some further information first.
Who has had the day to day care of the child and what contact will your father be seeking?
Clare
Customer: replied 3 years ago.

monday too thursday my brother is at nursery during the day and after school they both take care of him, i have him on thursday afternoon and fridays, throughout the summer i had him monday too friday.


 


as much contact as possible! i very much doubt from what ive heard that he would be able to get full custody as obviously shes his mum and their not married also my can has a crinimal record. but such as 1 eventing for tea during the week and every or every other weekend sleep over? he has a house and buisness, she works/worked for my dad so wouldnt have a job or house straight away.


 


Helen

Expert:  Clare replied 3 years ago.
Hi
The law says that a child is entitled to regular contact with both parents and the courts WILL enforce this if necessary.
What your father is suggesting is very reasonable - alternate weekends (maybe friday to monday?) plus one night in the week and half of all the school holidays is a good pattern and one which is likely to find favour with the courts if there is a dispute - maybe even two nights in the week if mum co-operates.
She cannot change the child's name without your fathers agreement
Once it is clear that the relationship will end then it would be sensible for your father to suggest discussing the details with his ex using Family mediation (www.familymediationhelpline.co.uk) to try and avoid court action
There is more information 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