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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 979
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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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: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year 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 1 year ago.
He will be 7 in june
Customer: replied 1 year ago.
O
Customer: replied 1 year ago.
Still waiting for an answer to my question
Customer: replied 1 year ago.
What's the answer
Customer: replied 1 year ago.
Still waiting for your answer to my question ,
Customer: replied 1 year 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 1 year 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 1 year ago.
We have not discussed anything as she is not interested in talking , I can care for my son full time
Customer: replied 1 year ago.
He has my name and we are not married , I want custody is this possible
Expert:  ukfamilysolicitor replied 1 year ago.
HelloDo you have any concerns about the mothers care - or is she also capable?
Customer: replied 1 year ago.
Yes she is capable
Expert:  ukfamilysolicitor replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
A child arrangement order confirms the time that the child will spend with both parents
Expert:  ukfamilysolicitor replied 1 year ago.
Before a case can go to court it has to be referred to family mediation.
Expert:  ukfamilysolicitor replied 1 year 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 1 year 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 1 year 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 1 year ago.
The form is the C100 form.
Expert:  ukfamilysolicitor replied 1 year ago.
You send the completed firm to your local family court.
Expert:  ukfamilysolicitor replied 1 year ago.
The court fee is £215.
Expert:  ukfamilysolicitor replied 1 year ago.
Dependant on your circumstances - you may get a reduction or waiver on the court fee. Google help with court fees.
Customer: replied 1 year ago.
So the fact that we are not married and the child has my name and not his mothers means nothing ,
Expert:  ukfamilysolicitor replied 1 year 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 1 year 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 1 year ago.
You share parental responsibility
Expert:  ukfamilysolicitor replied 1 year ago.
You having parental responsibility does not detract from the mother also having parental responsibility
Expert:  ukfamilysolicitor replied 1 year ago.
Let me know if I can help you further
Expert:  ukfamilysolicitor replied 1 year ago.
Kind regardsCarolinePlease kindly remember to star rate our service so that we receive credit for helping you
Customer: replied 1 year ago.
I would give her all the access she wanted but would I get a residency order
Expert:  ukfamilysolicitor replied 1 year 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 1 year ago.
How will that work if we will be living apart
Expert:  ukfamilysolicitor replied 1 year ago.
HelloUsually on a rota type systemEither split part of the week or week on week off
Or similarKind RegardsCaroline