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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33279
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 been in a 16year relationship and have an 11year old

Customer Question

I have been in a 16year relationship and have an 11year old son my partner is staying in london with her brother until after the new year she then intends to move to her mothers with our son. she wants to leave her 18year old son with me and he wants to stay.I would like to apply for parental responsibility for our 11 year old as I do not want him sleeping on the floor at her mothers until she finds a flat. He is presently with me. what can I do?
thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
have you discussed with his mother the possibility of your son staying with you until she has a new property?
Clare
Customer: replied 2 years ago.

she will not let him not speak to me. but I will text her and ask her. she did leave last February and prevented me from seeing him. She returned in July and told me in October that she was leaving again.

Expert:  Clare replied 2 years ago.
Hi
What contact do you have with your son?
Clare
Customer: replied 2 years ago.

He stayed with my mother from boxing day the day after my partner left. I am collecting him today. I have always seen him every day when living with my partner. She tries to prevent contact when she leaves me. I spend time with him every day when I finish work.

Expert:  Clare replied 2 years ago.
Hi
I assume that the mother has never been willing to sign a Parental Responsibility Agreement?
Clare
Customer: replied 2 years ago.

no she has not but I have never asked her to

Customer: replied 2 years ago.

Hi Clare, are you still available to answer my question? did you get my last reply


thank you

Customer: replied 2 years ago.

HI Clare would you please get back to me I have never this system and am not sure what is happening ?


thank you

Expert:  Clare replied 2 years ago.
Hi
My apologies I was unexpectedly offline
Given the circumstances you should ask your ex to discuss matters with you using Family Mediation (www.familymediationhelpline.co.uk)
You need to ask if she is willing to agree to sign a Parental Responsibility Agreement to give you parental Responsibility for your child.
If not then you will have to apply to the courts for an Order.
The form you need is here
http://www.familylaw.co.uk/system/uploads/attachments/0006/9047/C100.pdf
and the fee is £215.
At the same time you need to discuss the arrangements for regular contact - and to discuss what arrangements are to be made for your sons interim care.
Again if no reasonable agreement can be reached this can form part of your court application.
The Court will have the needs of you child as the priority - and as you say sleeping on a floor when there is no need to do so is NOT in the best interests of a child
I hope that this is of assistance - please ask if you need further details
Clare
Expert:  Clare replied 2 years ago.
Hi
is there further information that I can help you with?
Clare

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