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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34133
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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Good evening, myself and my partner separated recently, we

Customer Question

Good evening, myself and my partner separated recently, we have a 6 year son together and today she told me that lease on our house is up in 4 weeks and she and my son are moving.
Do I have rights? Is she able to just take my son??
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.
Where does she intend to go?
is the lease actually up?
Clare
Customer: replied 3 years ago.

Hi Clare,

Shes informed me she is renting in the same area due to his schooling, regarding the lease, it was on a rolling monthly contract (in both our names, so I would have thought any decision on the lease would have to have both our consent?).

Regrdless thats not really my main concern at this moment in time! Our son is obviously distraught, whilst 6 he has said he would prefer to live with me.

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.

We both do, when he isnt at school

Expert:  Clare replied 3 years ago.
Hi
Do either of you work?
Clare
Customer: replied 3 years ago.

I work yes, she was recently made redundant

Expert:  Clare replied 3 years ago.
Hi
What hours do you work?
Clare
Customer: replied 3 years ago.

I work from home 2 days a week, and travel 25 miles to work 3 times a week. I have an understanding place of work however, with potential to decrease my hours in the office and do more at home.

Expert:  Clare replied 3 years ago.
Hi
Have you contacted the Landlord regarding the tenancy?
Clare
Customer: replied 3 years ago.
I haven't no, she told me today she informed them yesterday. They had 4 viewings today apparently and the house has been relet, 28th august is the day the new tennet moves in.
Expert:  Clare replied 3 years ago.
Hi
This seems unlikely and the starting point is to contact the landlord in the morning and establish the truth.
It s expected that parents should be able to negotiate ow their child will share his or her time between them - possibly using Family mediation (www.familymediationhelpline.co.uk)
If an agreement cannot be reached then either of you can apply to the court for the Court to decide the issue
more details here
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
At 6 your son is too young for his wishes to be a major factor - but the rise of shared parenting makes it entirely possible that his time can be shared between you on an almost equal basis
Please ask if you need further details
Clare

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