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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son has just been kicked out of his home of the last 6

Resolved Question:

My son has just been kicked out of his home of the last 6 years by his partner and mother of his 3yr old daughter and 7 yr old stepson. He has been emotionally abused, accused and threatened with police for a long time and is suicidal. I took him to a private GP yesterday as no other available and he has first counselling session today. We want to know what rights he has to see the children and re custody. She will likely try to turn things saying he is the abusive partner. I have copies of his fb messages showing how he has been trying to sort things out and she is verbally and mentally abusive to him. Thank you
Submitted: 1 month ago.
Category: Family Law
Customer: replied 1 month ago.
Hi. Any idea when we will be getting an answer.
I have taken him to see a counsellor who has confirmed our fear that he has been subjected to long term emotional abuse and will require lengthy therapy
Customer: replied 29 days ago.
I still haven't received an answer to the question. What legal rights does my son have with regards ***** ***** children. We're in the UK
Customer: replied 29 days ago.
He received the following message from her today after it had been agreed the children would come to visit him for 2 days in Wales. They have been here previously without her several time and always very happy and reluctant to go. The agreement had been for the children to be told that he was working away and our son left the family home on Tuesday this week. They had been fighting and arguing a lot and she has punched him several times in anger.Yeah 1 should be ok. I'll ask them if they want to go sealife center with you.
P.s I've told Lex that you won't be sleeping here ever again cuz you live with your mom and dad now and have to work in Wales. I'll tell Skye the same at some point (I'm just not sure she'll understand or even care cuz she's so little) but his fine with that now. Also he said he doesn't want to go to Wales for the one night sleep. I'll ask Skye closer to the time and see what she says too. If they both still down want to go closer to the time then you could all come down and spend a few hours with them here. I'm just not going to force them to go with you as she will be even worse the next time (like when I went to Germany) and that's going to make them worse against you which I don't think you want.
Customer: replied 28 days ago.
how long does it take to get an answer please?
Expert:  Harris replied 28 days ago.

Hi, thank you for your question. Please confirm if the property is in joint names and if they are/were married?

Customer: replied 28 days ago.
They were not married and the rental property was in her name. We're more concerned with rights regarding the children
Expert:  Harris replied 28 days ago.

Thank you. In the circumstances you would need to initially 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 the main carer's 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 concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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