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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33297
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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Been with partner 3years not legally married cohabiting,got

Customer Question

hi been with partner 3years not legally married cohabiting,got 1 child aged 2, rented for 1year then i borrowed deposit money from my parents to purchase house on sole my name and all bills,mortgage, up-keeping was done by myself as partner didn't work at all or even contributed more than £500 for anything in the house, the relationship has since broken down and she has left and taken all her belonging including items she had in the house (cutlery,sofa, all items she purchased),the house was never to be joint or never did i make intention to her that we would share. does she have any right to the property now?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your question.

As per your other question - my advice is the same - your ex has no claim in respect fo the proeprty for herself.

Kind regards

Caroline

Please remember to rate positively.

Expert:  Clare replied 1 year 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 has the day to day care of the child and when did your ex leave?
Clare
Customer: replied 1 year ago.
She has taken my son and she is looking after him as Iv got not contact but my mother inlaw has had in numerous times as she just dumps him there and diserpears we all don't know where she is staying as she won't tell any of us,.
She actually left on the 22/7/205
Expert:  ukfamilysolicitor replied 1 year ago.
Have you got concerns about mum and the care being provided to your son?
Customer: replied 1 year ago.
Yes I have as I feel she's depressed, post natal depressions, signs of bipolar, her family and I have noticed the confusions within her, not normal behaviour
Expert:  ukfamilysolicitor replied 1 year ago.
Is your son with her now or with his grandmother? Have you reported your concerns to social services?
Customer: replied 1 year ago.
Son is with his grandmother and everytime says don't take me to mummy house I don't want to go and he wants his dad or stay at grandmothers....
I have not yet reported to social I'm trying amipicably to sort out with family
Expert:  ukfamilysolicitor replied 1 year ago.
Is the mother in law letting you see your son? Do you have parental responsibility?
Customer: replied 1 year ago.
Yes they are being very co operative I go to see my so. When he's there speak to him and sends me pics of him daily, I always buy gifts, cloths for him when I go, leave money for him with mother in law
Expert:  ukfamilysolicitor replied 1 year ago.
That's good. Are you wanting to care for your son full time? Are you named on your sons birth certificate?
Customer: replied 1 year ago.

yes i am wanting to have access without going behind my ex partner or take fill care, i am named on my sons birth cerificate.

at this moment she does not let me see him and not got knowledge that my mother inlaw lets me see him, everytime we say that mummy going to pick you up, he starts crying and says i want to go daddy house or stay with mother inlaw, he say i dont want mummy house. i can see and my mother inlaw that hes not happy where ever ex is staying....

ex has not been medically diagnosed with any mental health issues as she refuses to see a doctor,when we did take her she said shes fine and walked out, doctor said cant do anything unless she agree....

i work in a proffessional role within the nhs (mental Health) as IT Technician but lias with other member and i can see that she has some issue like iv mentioned above.

we have had arguments in the past but she goes crazy and attacks me iv always tried to defuse the situation and at times had to push/restarin her away, which on 3xoccastions she has called the police on me claiming domestic abuse and been taken in for qestioning,but released without charge/evidence....she self harms like in an argument bangs herself on wall pulls her hair out, shouts the house down, taked anger out on son shouting at him for nothing.

i have been physically abused/mentally and verbally which i never reported and now im seeking counselling for domestic abuse with an organisation as its affected me....

im really scared that i dont want to be threatened by her anymore and she uses that against me,also dont want to loose my job as been working with NHS for 12years....

on sunday she entered my personnal property(house) without my consent through a window that was open and cleared me out (i have neighburs as witness) as i was away that weekend, i called police who came did nothing and favoured her actions and said its a family matter and she has a right to enter, nothing was done about it and said go to solicitors???

my sons really unhappy and wants to be stable and with me/family not living on his own with her....

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
My apologies for the delay in responding to you. I was travelling back home.
Thank you for confirming all of this to me.
You need to make an application to the court for a child arrangement order. This is done on Form C100. The Form needs to go to your local family court. The court fee is £215.
You need to confirm to the court that you are concerned that the mother appears to be disappearing for days on end and that you do not know where she is. You need to explain that your son is being left in the care of others when you are his father and you want to provide him with stability.
Normally before an application can be made to the court you have to attend at mediation unless the matter is urgent. I normally advocate attending at mediation as this helps resole a lot of disputes without the need for attending at court. I am however minded to think that the court might well accept your application as urgent on the basis that the mother is simply leaving the child with others, whom are also concerned about possible mental health issues. You should explain on the C100 that you seek an urgent hearing on the basis that the mother is disappearing for days. You should explain that you want to be able to provide stability for your son and that you do not consider that he should just be left with others for days on end.
The court will investigate all matters including the alleged domestic violence on both sides.
Kind Regards
Caroline
Please remember to rate positively.
Expert:  Clare replied 1 year ago.
I have read all the above and would just point out that if the outcome of the applictaion is that the Child stays with his mother -and it also appears that she is not adequately housed - then she can make an application under the Children Act for the right to live in YOUR property with the child until she cohabits or the child is 18
Customer: replied 1 year ago.

hi Clare in regards ***** ***** ex entering the property without my consent through a window that was slightly open and neighbors seen her jump in and taken her belongings and some of mine and what we shared, why didn't they do anything?

why didn't they inform me as when i rang sergeant he said she rang day before to say was coming to my house and collect her belongings, taking into consideration there has been reports in past of domestic.....

i feel they have failed us both.

so she can enter my personal property without consent? what is she came back again did something drastic to me or vice versa i was asleep thinking im being burgled... that still doesnt give her the right does it?

Expert:  Clare replied 1 year ago.
Did she take items that were not hers?
Customer: replied 1 year ago.

yes she did,laptops.watches.iphone,3xdysons,over £8000 worth

Expert:  Clare replied 1 year ago.
When was this and what excuse did she give for taking those?
Customer: replied 1 year ago.
This was 2weeks ago and Iv not yet had any contact from ex but the excuse I got from the police was it was her marital home and she took her belongings which she has a right to they said...I told them that she's taken my personal belongs too but said speak to solicitor and it's a civil matter.....I got no help from them at all.
I thought that's theft and entering my premises without consent, I told the police I wouldn't have let her in the house but sourced a third party to retrieve HER personal belongings or with police presence since there was domestic violence allegations previously!!!!
Expert:  Clare replied 1 year ago.
Since you are not married and she is not a joint owner she had no right to enter your property let alone remove your belongings.You can make a formal complaint to the senior station officer if you wishYou can also sue your ex for either the value of the property she removed - or the return of the goods themselves

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