Hi There, I have an in depth question here and would like to find out what my rights are. My ex partner and I have been together for over 7 years, never married but lived together for roughly 3 years then we split, she moved out and not long after we got back together but did not move back into the family home. We have one child between us who is now 5 and she has another boy who is now 11. Her little boy has always been a very difficult child to handle and I believe is on the ADHD spectrum and has often been the cause the family arguments and strain. Since Jan this year we have had a very strained relationship due to stress and life pressures but about 8 weeks ago i found out that she was seeing another guy and we split which i have come to terms with and letting her get on with things as she wants. At the moment my daughter lives with my ex at her parents house and i have access near enough when ever i like which is great and im very appreciative about it. At the moment though my main concern is my daughters safety and what rights I have in terms of keeping her with me full time but still allowing access to my ex near enough when she wants within reason of course. The reason for my concern are: I have had her with me for the last 5 weeks and her mom has made very little effort to make contact via text, no phone calls and has only come to see her for an hour last week even though i have been asking her to come down and visit without me being present but nothing comes of it. My ex is still living at home with mom and dad but has been staying at her sisters since the beginning of the school holidays but only been home twice to see the rest of the family which is really out of character for her. Over the last week she has been staying at the new guys house with her son and has not been making any contact with the family even though they have been begging her to come home as it has been recently discovered and confirmed that the new guy has been convicted in a murder case about 15 years ago and my ex's sister believes there are drugs involved but i do not have any proof of this but it would explain the character change. I am really not sure what rights I have but I do not want my daughter to involved in what my ex is doing at the moment. Usually she is a very level headed girl and mostly puts her kids first but she has been acting extremely strange recently.
I am in the south and yes I can get her to school and provide care for her in the afternoon while I'm at work.
We first split when my daughter was a year old, and they went to live with my ex at her perants house with both kids and have done since. Approx 4 years now.
We got back together about 5 months later after she moved out and have been going like that since but still living separately.
Relationship has been strained since Jan this year..
My daughter has been living with me for the last 5 weeks with little contact from her mom even though I have been inviting her to come see our daughter. I'm concerned that she has abandoned her.
We have been in regular contact, most weekends she would be with me and I would visit her every Thursday then take her back to her mom's.
Im am named on the birth certificate but we did not get married which i know limits my rights.
I'm sorry but I do not fully understand this section of you answer
"It also means that the mother has no right to remove the child from your care unless you agree or she obtains a Court Order stating that the child lives with you."
Could you please elaborate?
My daughter was living with her mom full-time and has only been in my care for the last 5 weeks, is that long enough for me to be regarded as the resident perant?
I am still concerned that my ex can still legally pitch up out of the blue and take my daughter away from me.
That's ok, I got slightly confused.
I have plans to speak to the head mistress at the school to advise them if what's been happening and to also request that they do not allow my ex to remove my daughter from school.
Am I allowed to do that?
Thanks Clare for all of the information you have given me, it's given me food for thought and the need to seek formal advice.