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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34462
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 ex is now settled with a new partner and is now wanting

Customer Question

my ex is now settled with a new partner and is now wanting equal parental rights, after 3 years of agreed contact he now wants to see my son more have him stay with them over night, and he is not bringing my son back when i ask. can i get full parental control of my son, we were never married but he is named on birh certificate?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How old is the child and what is the current pattern of contact?
What is your objection to overnight contact?
Clare
Customer: replied 2 years ago.

3yrs old, Tuesday's 1pm till 7pm, Thursday's 1pm till 7pm, Saturday's 11am till 6pm, i have no objections to an over night stay my son already stays over the last Saturday of every month. I think this is sufficient contact . The problem is that they now keep on about Parental Control as if they are trying to get my son full time.

Expert:  Clare replied 2 years ago.
Hi
Is there any reason why he cannot stay with his father alternate weekends?
Clare
Customer: replied 2 years ago.

his father asked for the last saturday of every month so this is what i agreed to, this has only been the case since last month, if this goes ok we agreed to review the situation at a later date .

Expert:  Clare replied 2 years ago.
Hi
Since he is named on the birth certificate your ex has Parental Responsibility for your child just as you do.
This means that he has the right to be consulted on all major issues regarding your child - such as school and health issues
The only way that Parental Responsibility can be removed is by way of adoption.
It seems that you are being very reasonable on contact - but if you find it difficult to negotiate with your ex then you should try and discuss matters with him using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Customer: replied 2 years ago.

my ex told me he could go to court and get full parental control of my son, is this true?

Expert:  Clare replied 2 years ago.
Hi
No - no more than you can!
You both have Parental responsibility and when the child is with him he is entitled to decide what they do etc - but there is no basis on which he can gain "full control" - that is simply nonsense
Clare