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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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can my sons partner take their 5 year old son to live with

Resolved Question:

can my sons partner take their 5 year old son to live with her in another property without his permmision
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there a Residence order in place and how far away is she moving?
Clare
Customer: replied 3 years ago.


no there is no order, and she is going to stay in the same town with

Expert:  Clare replied 3 years ago.
Hi
Who has the day to day care of the child at the moment?
Clare
Customer: replied 3 years ago.


both

Expert:  Clare replied 3 years ago.
Hi
Assuming that your son is named on the birth certificate then both parents have Parental Responsibility for the child and are entitled to have the child in their care - and no the mother does not need the father's permission to take the child to live elsewhere - but she cannot remove the child from his arms in order to do so.
If as parents they cannot agree how the care of the child is shared between them then an application to the court will have to be made so that a Judge can decide
They should try and discuss matters using Family mediation first
www.familymediationhelpline.co,uk
and this website might also be useful
http://theparentconnection.org.uk/
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you