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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34142
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 partner (fiancée) shows very strong signs of Asperger's

Customer Question

My partner (fiancée) shows very strong signs of Asperger's syndrome and has never disclosed her condition to me. We have a 3 month old daughter and I want to know if I could get custody as I intend to leave her because she is impossible to live with, due to her condition?
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 firstHow is the care of the child currently shared between you?
Customer: replied 1 year ago.
My partner is at home with the baby and I work full time but we both care for the baby at home.
Customer: replied 1 year ago.
My partner has rigid control issues and tries to minimise my care of the baby.
Expert:  Clare replied 1 year ago.
Hi
What are your concerns about HER care of the child?
Clare
Customer: replied 1 year ago.
She is obsessive with hygiene, doesn't want to expose the baby to normal situations and gets very anxious even with baby having hiccups
Customer: replied 1 year ago.
As we are not married, even though my name is ***** ***** birth certificate, I am concerned she will be v difficult when I apply for parental responsibility and as her condition is 'hidden' I am concerned she will abuse her status in order to prevent visitation and custody, if it were in baby's best interest.
Customer: replied 1 year ago.
Do the courts recognise Asperger's syndrome if it is hidden?
Customer: replied 1 year ago.
Hello Clare, are you there?
Expert:  Clare replied 1 year ago.
Hi
You already have Parental Responsibility for your child since you are name don the birth certificate.
The law says that a child is entitled to regular contact with BOTh parents and the courts will enforce this.
The mother's Aspergers has no relevance unless in future it becomes clear that it is harming the child - and what you have described does not fulfil that.
When you separate you will need to agree how the care of your daughter will be shared between you 0 using Family mediation if necessary
www.familymediationhelpline.co.uk
If that is not successful then you will have to apply to the Court for a Child Arrangement Order that sets out the time you spend with the child which can be enforced if your partner does not comply.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
I am certain there will be issues and reluctance to an agreement without reneging. How long will the Child AO take and in the meantime will I have any access? Thank you
Expert:  Clare replied 1 year ago.
If mediation fails then you can issue an immediate applictaion and the first hearing will be within a few weeks - What contact you have in that time will be subject to you both agreeing
Customer: replied 1 year ago.
Thank you so much
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well

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