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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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Some 'directional' help needed! My son and his partner of approx. 4 year

Resolved Question:

Hello, some 'directional' help needed!
My son and his partner of approx. 4 years and their 2 children (4 and 3yrs) have been living with his partners, single, mother in her council house in a nearby village. He is a low wage earner but still hands over (unofficially) nearly half his wages every week (£500.00) for 'rent'. The rest he uses to provide for his children and family. 4 days ago his partner locked him out of his 'family' home with little/no access to him beloved children, stating that she needed time to think! (this is now the 3rd. but by far the longest time, she has pulled the think-card!) This also appears to coincide with the appearance of her younger brother (on police bail) in the house now sleeping on the couch. My son is going out of his mind for his childrens safety and well being. He is staying with us at the moment and is in tears every night/morning. Please point us, for all our sakes, in the right legal direction. Thanks in advance CR. (Very concerned Dad!)
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is the brother on bail for?
Customer: replied 1 year ago.
Hi Clare,
Sorry for the delay, but I had to contact my son at work to try and get more info on the brothers situation, his partner and mother seem to be very secretive about it. As far as I can find out, the brother was removed from 'his' flat and partner by the police after yet another domestic. Now home less, he ended up at the mothers family home and was invited, by his sister (my sons partner) to stay, for as yet, an undetermined period. This without any consultation with my son or her mother. The police bail was for the theft of and/or receiving stolen goods (bicycles) my son is unsure, at this time, whether or not his has now changed
Expert:  Clare replied 1 year ago.
Does the brother have children?
Customer: replied 1 year ago.
Yes Clare, I am told he has one child, a son living at his flat, with his partner we believe.
Expert:  Clare replied 1 year ago.
Do you know if Social Services insisted that he was removed from the property?
Customer: replied 1 year ago.
Sorry, but no, we have no idea who or what was involved in that issue at that time and we have absolutely NO wish to know OR be involved it or with this brother or his 'dealings'. Clearly, Clare, the sister is hell bent on putting the brothers needs before my son, his mental wellbeing, and, most worryingly, our 2 grand children by barring the, doting, caring father from, what is effectively his family home!
Expert:  Clare replied 1 year ago.
Is your son looking for alternative accommodation
Customer: replied 1 year ago.
He is currently residing with us (spare room) in constant hope that she will, at sometime, answer his calls and sms. So far nothing over the last 4 days. Can you imagine how my son is feeling! The kids are still with her, the mother and as far as we know the brother. One of our concerns is that my son gets paid on the 28th of this month and I`m sure she`ll come looking for the monthly £500.00 'payment' into the mothers council rented household. This, where is he is NOT being allowed to live!
Customer: replied 1 year ago.
Your next question is?
Expert:  Clare replied 1 year ago.
My apologies for the delayYour son certainly should NOT pay his partner's mother any money at all - and realistically he should be looking for alternative accommodation so that hecan have the children overnight when they see him.He has no right to return to the property as he was there as a guest of the mother.However his children have the right to a relationship with both their parents and the courts will enforce this if necessary.Your son should be concentrating on arrangements for the children to spend time with him - and if his ex will not agree then he needs to make an appointment to see a Family mediator (www.familymediationhelpline.co.uk) and if that does not work then he may need to make an applictaion to the court for a Child Arrangement OrderOf more concern is whether or not the children are safe with the brother in the house given his record of Domestic Violence.Your son is entitled to contact Social Services and ask if they have any reason to have concern about the children being in the property with himI hope that this is of assistance - please ask if you need further details
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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