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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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My partner is using a physical domestic violence against my

Resolved Question:

My partner is using a physical domestic violence against my 4 year old son. She also hits him, shouts and calling him names. I would like to start a formal process, however I appreciate that this will take some time. I made an appointment with my solicitor scheduled for Wednesday, however I would like to take immediate action. I work full time and I am worry that she might harm my child whilst I am away from home. I would like to take my child and rent a house but I would like to enquiry my legal rights and consequences of such action beforehand.

I would appreciate your prompt respond with this matter.
Kind regards
Tom
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 your partner also the child's mother?
Has anyone else witnessed this behaviour?
Clare
Customer: replied 3 years ago.

Yes, she is a mother of the child. We are not married and I recently made a decision to split with her due to her behaviour. This behaviour was going on for years and was witnessed by her and my family members and any friends that visited our home.


 

Expert:  Clare replied 3 years ago.
Hi
Has the child's school raised any concerns?
Clare
Customer: replied 3 years ago.

Hi Clare


 


 


He is 4 years old and not in school yet but attending private nursery and I am not aware of any issues that could have been raised by them.


 


I have been waiting for your response some time now. I am willing to pay for your advise but this is taking a time which I don't have. Can you please let me know if I can take my child from home as I am afraid of his well being if he stays with his mother without my supervision. I am also worried that she might take him away when I will be at work.

Expert:  Clare replied 3 years ago.
Hi
The problem that you face is that while you are indeed entitled to have your child in your care and can move to another property with him - the moment he is not in your care - if he goes to nursery of your parents etc - then your ex is fully entitled to remove the child from their care and they have no legal right to refuse,
Alternatively she can apply to the court for an interim (emergency) Residence Order asking for the child to be returned to her care while the court decides what the long term arrangements should be.
The only way to go about this without running that risk is for you to apply for a Residence Order
- which is what you are going to discuss with your solicitor.
The other option - but one to be treated with care - is to report your concerns to Social Services.
I say that you should treat this with care as if Social Services decide that there is no basis for your allegations you will have potentially compromised your Residence application
Please ask if you need further details
Clare
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