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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Rights to ask alcoholic partner to leave home where she is

Customer Question

Rights to ask alcoholic partner to leave home where she is not on tenancy. Two children at risk and SS are saying father ( who lives with them and on birth certificate is liable if anything happens but is not being involved with plans being discussed with school about thechildren.  Should he give notice to partner to leave and insist on being officially responsible parent?

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children - and has he spoken to the school?
Clare
Customer: replied 2 years ago.

The children are 11 and 8 and the social worker has told him he cannot attend the meeting about the children's future but assured him they won't go into care

Expert:  Clare replied 2 years ago.
Hi
Why can he not attend the hearing?
Clare
Customer: replied 2 years ago.

Social worker has said he can't. I have told him he has a right to but wanted to check. They have said they accept he is responsible parent and they will hold him responsible for the wife getting drunk but he cannot attend meeting about their future. They also told him he had no right to ask her to leave the home but I have checked on shelter website and he is the tenant so this is clearly not true. He is on benefits so am trying to help him pout. She gets the majority of the money and spends it on drink or loses it because she is drunk.

Expert:  Clare replied 2 years ago.
Hi
Which month and year was the eldest child born in
Clare
Customer: replied 2 years ago.

Oldest child 30/4/2000 youngest 22/1/2008. Sorry I got the ages wrong

Expert:  Clare replied 2 years ago.
Hi
Just to check - he is definitely on the birth certificate of the youngest child?
Clare
Customer: replied 2 years ago.

yes on both

Expert:  Clare replied 2 years ago.
Hi
Does he consider the relationship with the mother over - and if so is he willing to start divorce proceedings?
Clare
Customer: replied 2 years ago.

He is not married to his partner and yes the relationship is over. She won't stop drinking and is on Tramadol as well so it is dangerous. SS have offered rehab but say she can refuse. he wants to protect his children

Expert:  Clare replied 2 years ago.
HI
Is his partner likely to be willing to sign anything when she is sober for the sake of the children (some will)
Clare
Customer: replied 2 years ago.

Not sure. He hasn't asked her to leave yet. Its a possibility. She does not want to stop drinking but will reduce it when she knows social services are due to see her.

Expert:  Clare replied 2 years ago.
Hi
I sit likely that she would agree to sign a form giving your son Parental Responsibility for the older child (he has it for the younger one)
Clare
Customer: replied 2 years ago.

I don't know, I have sent him a message. I will respond when I hear back from him

Expert:  Clare replied 2 years ago.
Hi
Ok - that is important for the tactics
Clare
Customer: replied 1 year ago.

It is possible that she would sign something when she is sober. Can social services hold him responsible for the actions of his partner overdosing on her Tramadol and being drunk as they have said this is the case?

Expert:  Clare replied 1 year ago.
Hi
Just to check that I have understood correctly - he is willing to end his relation with her?
Clare

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