How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 727
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
74916426
Type Your Family Law Question Here...
ukfamilysolicitor is online now

I want to leave my partner we are not married but we have a

Customer Question

I want to leave my partner we are not married but we have a child together , he has my name were do I stand regarding custody
Submitted: 8 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 8 months ago.
HelloWelcome to Just AnswerI am a Solicitor and will assist you.Please may I ask:- how old is your child?
- any child protection concerns about your partner?Kind RegardsCaroline
Customer: replied 8 months ago.
He will be 7 in june
Customer: replied 8 months ago.
O
Customer: replied 8 months ago.
Still waiting for an answer to my question
Customer: replied 8 months ago.
What's the answer
Customer: replied 8 months ago.
Still waiting for your answer to my question ,
Customer: replied 8 months ago.
I am the farther , and the boy has my name not his mums name she was told buy the registrar that she will wave her right to custody if he had my name is ***** *****
Expert:  ukfamilysolicitor replied 8 months ago.
HelloI am very sorry for my delay in responding to you.I have had some technical computer issues!Please may I ask a few more questions:- have you and the mother discussed child care arrangements?
- what regular care can you offer?Kind RegardsCaroline
Customer: replied 8 months ago.
We have not discussed anything as she is not interested in talking , I can care for my son full time
Customer: replied 8 months ago.
He has my name and we are not married , I want custody is this possible
Expert:  ukfamilysolicitor replied 8 months ago.
HelloDo you have any concerns about the mothers care - or is she also capable?
Customer: replied 8 months ago.
Yes she is capable
Expert:  ukfamilysolicitor replied 8 months ago.
HelloThank you for confirming that.In a nut shell - it is the position of the court that it is a child's right to have a relationship with both of their parents.
Expert:  ukfamilysolicitor replied 8 months ago.
Courts expect parents to be able to put the child first and agree the time that the child will spend with both parents.
Expert:  ukfamilysolicitor replied 8 months ago.
The courts consider that parents are equal and as long as they can both meet the child's needs and there are no child protection concerns - then there is no reason why there cannot be shared care.
Expert:  ukfamilysolicitor replied 8 months ago.
If parents can't agree or one parents is being denied a relationship with a child then an application can be made to a family court for a child arrangement order
Expert:  ukfamilysolicitor replied 8 months ago.
A child arrangement order confirms the time that the child will spend with both parents
Expert:  ukfamilysolicitor replied 8 months ago.
Before a case can go to court it has to be referred to family mediation.
Expert:  ukfamilysolicitor replied 8 months ago.
There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling.
Expert:  ukfamilysolicitor replied 8 months ago.
Mediation will try and help you both agree the time that your child spends with both of you without the need for court.
Expert:  ukfamilysolicitor replied 8 months ago.
If the mother won't engage in mediation or agreement cannot be reached then the mediator will sign the firm that you need for court.
Expert:  ukfamilysolicitor replied 8 months ago.
The form is the C100 form.
Expert:  ukfamilysolicitor replied 8 months ago.
You send the completed firm to your local family court.
Expert:  ukfamilysolicitor replied 8 months ago.
The court fee is £215.
Expert:  ukfamilysolicitor replied 8 months ago.
Dependant on your circumstances - you may get a reduction or waiver on the court fee. Google help with court fees.
Customer: replied 8 months ago.
So the fact that we are not married and the child has my name and not his mothers means nothing ,
Expert:  ukfamilysolicitor replied 8 months ago.
The court will then list a hearing and in due course make a child arrangement order to confirm that your child spends with both of you.
Expert:  ukfamilysolicitor replied 8 months ago.
No - if you are named on the child's birth certificate - this means you have parental responsibility. The mother also has parental responsibility automatically.
Expert:  ukfamilysolicitor replied 8 months ago.
You share parental responsibility
Expert:  ukfamilysolicitor replied 8 months ago.
You having parental responsibility does not detract from the mother also having parental responsibility
Expert:  ukfamilysolicitor replied 8 months ago.
Let me know if I can help you further
Expert:  ukfamilysolicitor replied 8 months ago.
Kind regardsCarolinePlease kindly remember to star rate our service so that we receive credit for helping you
Customer: replied 8 months ago.
I would give her all the access she wanted but would I get a residency order
Expert:  ukfamilysolicitor replied 8 months ago.
Helloif there are no reasons why you both can't care - then the court would likely make an order to confirm that your child lives with both of you.The use of residence orders and contact orders no longer exist.Only child arrangement orders.The courts emphasis is equal parenting - hence its now child arrangement orders.Kind RegardsCaroline
Customer: replied 8 months ago.
How will that work if we will be living apart
Expert:  ukfamilysolicitor replied 8 months ago.
HelloUsually on a rota type systemEither split part of the week or week on week off
Or similarKind RegardsCaroline

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)