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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2778
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have split up with my partner and he will not let me

Customer Question

hi, i have split up with my partner and he will not let me have the children, have spoke to him an said i will come home to be with the kids and he said i can see them but i cant stay in the house as he will take the children and stay elsewhere so what do i do?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
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Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are/were you married to him?-How old are the children?-Why is he refusing for you to stay overnight with the children?-You state that you are named on the mortgage, but are you also named on the title of the property?
Customer: replied 1 year ago.
not married, 2 yrs 9 months and 7 months, hes said i can see them but cant stay as he will take children elsewhere, yes on the deeds for the house
Expert:  Harris replied 1 year ago.
Thanks, ***** ***** few more questions:-Do you have alternative accommodation where you can stay with the children instead?-What are his concerns about you staying in the jointly owned property?-Are there any court orders in place?
Customer: replied 1 year ago.
yes can stay at my mums, he just dosent want me there, he likes to be in control and this is his way of doing it, no court orders
Expert:  Harris replied 1 year ago.
Thanks for confirming. Legally, as the property is in joint names you have a legal interest in the property and he cannot legally exclude you from the property without a court order.In relation to the contact arrangements, if he cannot agree to your proposals I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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