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Are you both named on the tenancy agreement please?
If the tenancy is in your name then the starting point it that he will be an excluded occupier which means that he has no tenancy rights and accordingly you can simply ask him to leave giving reasonable notice and if he refuses to go you can simply change the locks.
28 days is usually considered to be reasonable notice
If you are concerned that he may be violent towards you you can obtain an injunction against him to exclude him from the property.
You can do this by applying for a non molestation order. This is a court order aimed at preventing your partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of you and your child
A breach of a non-molestation order is now a criminal offence and can result ultimately in custody if your partner ignores it.
Your partner must pay maintenance to you to support your child if the child together. You can also make an application under schedule 1 of the Childrens Act for further financial orders if he were to have any assets or property of his own.
Is there anything above I can clarify further for you?
Yes a non molestation order can contain necessary provisions the judge considers necessary to prevent your partner from using or threatening violence against you and your son.
To apply for a NMO you will need to make an affidavit (as statement on oath) to the court about the abuse you have experienced. You will need to be as precise as possible and include as far as possible the dates and times and the effects on you and your child. It will be useful if you have kept a record events, or if you have independent evidence, for example police reports or medical records but such supporting evidence is not a pre requisite as not everyone has it.
Does the above answer all your questions or is there anything I can clarify or help you with any further?
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