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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 daughter has split with her partner of 13 years, they

Resolved Question:

my daughter has split with her partner of 13 years, they have 2 children a boy of 7 years and a girl of 2 years, recently the 7 year old has been very spiteful to his sister, he is also telling lies and stealing. so parents discussed this and decided for my daughters x partner to take their son for a week.Now her partner says he is keeping their son as this 7 year old says he wants to stay with his Dad. Can he do this?
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What has the pattern of contact been until now?

Can the child remain at the same school?

Customer: replied 9 months ago.
he sees his father frequently, and he could remain at the same school
Expert:  Clare replied 9 months ago.

Prior to this week what overnight contact had the father had with the children?

Customer: replied 9 months ago.
they split 5 months ago and apart from a couple of nights when dad has stayed over my grandson has not stayed over before as where my daughters x partner is living there is no room really as his mum lives in a 1 bedroom bungalow, so basically there would be 3 people staying there.
Expert:  Clare replied 9 months ago.

Is the father proposing to move?

Customer: replied 9 months ago.
no not that i am aware of.
Expert:  Clare replied 9 months ago.

Assuming his name is ***** ***** birth certificate then the father has as much right to have the child in his care as the mother does.

On that basis I am afraid that your daughter and her ex are going to have to negotiate on the arrangements that are made for the children - using Family mediation

www.familymediationcouncil.org.uk if need be.

If no agreement can be reached and the father refuses to return the child then your daughter can apply to the court for an Order that the child spends the majority of time in her care.

The fact that the father has no suitable accommodation - and him having the child means separating two small children makes it unlikely that the Court would in fact endorse what the father is asking for.

At 7 your grandson is too young for his wishes to have ant great weight as he is too young to understand all the ramifications involved.

The starting point is for your daughter to make arrangements to start mediation

I hope that this is of assistance - please ask if you need further details

Customer: replied 9 months ago.
thankyou I will tell her to sort this out. Bye
Expert:  Clare replied 9 months ago.

You are most welcome - I hope all goes well?

Clare and other Family Law Specialists are ready to help you

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