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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33022
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello and thank you for your help. Things turned out to be

Customer Question

Hello and thank you for your help. Things turned out to be the way that I had a romance with a married man and got pregnant. I chose to keep the baby for myself. I did not want my son to have a blank in the father's field in the birth certificate, so I convinced the father to register as a father. I am working, he is not, he does some share dealing, so he stays at my home with a baby while I am working. His family lives in another country. He does not help much with the money, just buys some food from time to time. Our relationship became very difficult and I do not want to be with him any more. He feels the same, but he is such type of a man that consider his children as his property, besides he does love the boy in a way. He even consideres to bring his family here and bring my child to spend time with them, which I am honestly not happy about at all. Knowing him, he may go to all sorts of extremes to keep our son near him, even kidnap him and move out of country. I still hope we can find some amicable solution. Please kindly advise what rights the father has on our baby (now 2 y.o.) and what rights I have as a single mother. Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Who actually has the day to day care of the child?
Customer: replied 2 years ago.

Hello Clare and thank you. I will do my best to explain.


I stayed with the baby for 2 months and then had to go to work in order to pay my mortgage and pay for my and baby's living.


I breast feeded for 1.5 years.


I leave to the office at 9 and come back at 5:30. All my time free of work I spend with my son. I am with him trough all nights with few wake ups every few hours to calm him. I spend my holidays with him ans all week-ends.


The father stays with the little on from 9:30 till 5:30 on working days, apart from a couple of weeks every couple of months when his family is visiting. Then my mother steps in while I work.


I can not afford the nursery, that is why I was forced by life to allow the father to stay with the baby, although I could not be unhappier with the situation.





Expert:  Clare replied 2 years ago.
Does the father actually live with you or does he have his own home?
Customer: replied 2 years ago.

He lives half with us, half at his brother's place. He is not registered at my home and does not consider it his home.

Expert:  Clare replied 2 years ago.
Since the father is named on the birth certificate you BOTH have Parental responsibility for the child - and your child is entitled to have contact with you both.
Clearly the father has in fact been very much a "hands on" carer for the child - and in the event that you as parents cannot agree how the child's time should be shared between you then it is likely that the court will give the father substantial contact - to include the child meeting his family in the future.
However neither of you have the right to take the child out of the country without the agreement of the other parent- or an order from the court.
If you fear that he may simply take the child then you can apply to the court for a Prohibited Steps Order
You can read more on these websites
Please ask if you need further details

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