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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32885
Experience:  Over twenty-five years experience
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I have just split with my partner and we have a 6 month old

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i have just split with my partner and we have a 6 month old girl do I have equal rights as the mother to see her?
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 firstAre you named on the Birth Certificate and how has the care of the child been shared to date?
Customer: replied 1 year ago.

Yes I am. I feel abit stupid really because when I got with my ex she was in the middle of her divorce as her husband made her get a termination so part of me thinks I was just there to give her the baby and now she doesn't need me, so just wanted to know if I can have the baby at equal times of the week

Expert:  Clare replied 1 year ago.
I do need to know how the care of the child has been shared until now
Customer: replied 1 year ago.

I have lived with the baby so it has been equal

Expert:  Clare replied 1 year ago.
Do either of you work (and yes I promise this is all relevant)
Customer: replied 1 year ago.

I work full time she is currently on maternity leave but works 18 hours a week

Customer: replied 1 year ago.
Can u help me?
Expert:  Clare replied 1 year ago.
My apologies - I did a reply and thought it had been sentThe priority at all times is the needs of the childYou both have Parental Responsibility for the child and equal rights to be involved in major decision in her life - school, health religion etcIt also means that when she is in the care of either parent they have the right to decide where she goes and who she sees (provided of course that she is safe)Your daughter has a right to contact with both of you - but that does not mean that her time has to be shared 50/50 between youSince your ex has been on maternity leave it is clear that she has been the main carer and that is what the court would continue in the event of a disputeHowever it is equally clear that you have been a hands on dad and that there is no reason why you shoudl not have your daughter overnight - possibly friday to monday on alternate weekends plus one night in the week and half of all eventual school holidaysThe key is that you and your ex need to reach an agreement using Family mediation www.familymediationhelpline.co.ukif that fails then the courts will have to be involved and an imposed order is rarely as effectiveI hope that this is of assistance - please ask if you need further details
Expert:  Thomas Judge replied 1 year ago.
I see the answer that my colleague has provided, but I do not quite agree. The courts are making more shared child arrangement orders - which basically means that a child can and will have two homes - living between the two - this is a lot more common these days than ever before. Mediation sadly does not always work and as such it is more common for cases to end up in court - you would be applying for a child arrangement order. There are some very good books on Amazon on how to represent yourself in the family court - these will explain how the process works. I am happy to discuss further and please rate positive.
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32885
Experience: Over twenty-five years experience
Thomas Judge and other Family Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.
Hi
Please be aware that the Arrangement I described is what is described by the Court as "shared Care"
The law has moved away from concepts of "resident" and "contact" parent - when the child is with you you will fully have her care and her home for that period will be with you.
You can read more here
http://www.alternativefamilylaw.co.uk/en/children/shared-care.htm
Fortunately for the overloaded court system only 10% of couples are unable to resolve matters and have to involve the court
If you have a day or two free reading this will be informative
http://dera.ioe.ac.uk/9145/1/outcomes-applications-contact-orders.pdf
Clare

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