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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 girlfiend split up with me on new years day, she however

Resolved Question:

my girlfiend split up with me on new years day, she however did not leave the family home, she has lived her life drinking heavy and coming in whatever time she pleases for 6months now, i threw her out last night as i can take no more, the stress of it all has affected my job, i have had to take time off due to stress and on numerous occasions to mind my son and take him to school as her drinking and behaviour towards me has gone to far, can i apply for full custody of my son and how do i go about it she has used him in the past as a weapon against me.

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.
Who owns the property and how old is your son?
Clare
Customer: replied 3 years ago.

the property and all bills are solely in my name, my son is 8 years old.

Expert:  Clare replied 3 years ago.
Hi
Which of you has had the day to day care of the child for the last six months?
Clare
Customer: replied 3 years ago.

we both live in the same house, my (ex)partner was taking him to school in the morning as she works evenings and go's to the pub straight from work, i work early so pick him up from school, and provide him with tea and sort his bedtime routine. my company has been quite supportive with the situation and are prepared to work around me if need be.

Expert:  Clare replied 3 years ago.
Hi
Have you ever discussed how his time will be shared between you when you separated?
Clare
Customer: replied 3 years ago.

no she thought that she was going to continue to live here having a separate life doing exactly what she pleases, with me still paying the mortgage and bills our sons welfare has never really been discussed and in one of the many arguments she even stated she would get him taken into care so she could be free. the situation for me has gone to far sheput me in limbo where we can neither go back to our old lives or move forward to separate new ones. my priority at the moment is to ensure my son has a stable home life, i believe that if she took him with her the way her drinking and socialising has gone his welfare would be at risk.

Expert:  Clare replied 3 years ago.
Hi
My concern is two fold.
Although she had no financial claim on the property your ex was entitled to "reasonable written notice" to leave - usually at least 28 days and since you have not given this she can apply to the court for an Order allowing her to return to the property - and probably making you leave.
The second is that if she can show that she is the principal carer of the child then she could apply for an Order allowing her to remain in the property until the child is 18
To try and avert this I suggest that you write a letter to your ex saying that she is welcome to return for the next 28 days whilst she finds a new home if she so wishes.
You should also make an appointment with family mediation as soon as possible to discuss the arrangements for your son and agree how his time will be shared between you.
Since she works evenings the obvious answer is that he lives with you and sees his mother often
You can read more here
http://theparentconnection.org.uk/
If mediation fails and she threatens to remove the child from your care then you will have to make an Urgent Application for a Prohibited Steps Order preventing her from doing so.
More details here
https://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

I have served her with a 30day notice as you advised along with a copy of the pre mortgage loan agreement she signed stating she has no claim on the property. I will try to sort the family mediation out ASAP as my son's welfare is important to me thank you for your advice I hope I am doing things correctly

Expert:  Clare replied 3 years ago.
Hi
You are doing fine
Clare
Clare and other Family Law Specialists are ready to help you

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