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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 was living with my partner in my house (jointly owned with

Resolved Question:

I was living with my partner in my house (jointly owned with my Mother) when she gave birth to our son when she was 7 months pregnant in January 2013. We did not know she was pregnant at the time. We carried on living together and my family and friends bought the majority of the things needed for my son. My partner returned to work last September and our son now attends nursery 3 days a week and I care for him for the other 2 days. Out of those 3 days my Mother pays for a days fee my Grandmother also gives £20 a week for milk and nappies my sons Mother keeps his child benefit l assume this goes towards food and snacks she buys for him. I do my sons washing, ironing etc, My Partner gives my Mother £69 per week to cover her use of gas, electric sky etc. Our relationship has now broken down and my partner wants to move and take my son with her as I have always been his main carer I wonder what my rights are.
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.
For clarity - is your mother also living with you and are you named on the Birth Certificate?
Where will your partner move to?
Clare
Customer: replied 3 years ago.

Yes my Mother joint owns the house and lives here but plans are to sell up and purchase separate properties and my name is XXXXX XXXXX birth certificate and my son has my surname. His Mother has no where to move to and claims she is looking for somewhere to rent.


 


Bradley

Expert:  Clare replied 3 years ago.
Hi
has she discussed sharing the care of the baby with you?
Clare
Customer: replied 3 years ago.

No she just expects to take him and tell me when I can see him she has also said she will be applying for his passport


 


Bradley

Expert:  Clare replied 3 years ago.
Hi
has she said why?
does she have family abroad?
Clare
Customer: replied 3 years ago.

 


she hasn't given any reasons her she has family abroad and her Grandmother owns a villa in Spain


 


Bradley

Expert:  Clare replied 3 years ago.
Hi
You both have Parental Responsibility for the child and you are both entitled to have the child in your care
As parents you are expected to agree how the child should share his time between you - using Family mediation (www.familymediationhelpline.co.uk) if need be
If you cannot agree then an application will have to be made to the Court by one of you for either a Residence - or more realistically a shared Residence Order
the fact that you have played such a large part in the care of your child means that you have an excellent chance of obtaining a Shared Residence if not a Residence order
Your ex cannot legally remove the child from the Uk without your agreement or a Court Order - if you believe that there is a real risk of her doing then then you can apply to the court for a Prohibited Steps Order
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you for your reply can you please tell me what steps I need to take to apply for a shared Residence Order?


 


Bradley


 

Expert:  Clare replied 3 years ago.
Hi
Your starting point is to try Mediation by contacting a local Mediator via the website I gave you
If that fails then you will have to apply to the court using a form C100 available here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
You can read more here
https://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
Clare
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