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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I´m separated with my ex but she still lives in my house.we

Resolved Question:

Hello. I´m separated with my ex but she still lives in my house.we have a 2 years old baby.she doesn´t like the fact I look after him and the way I do it.That causes arguing and last night she told me she is going to call social services to find out what benefits she can have. But I don´t want her take my son because she leaves him filthy and doesn´t really care.She is adicted to facebook game and couple times it end up with some injury for my son. also she punish him physicaly and I don´t like it but have no idea what to do.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I would like to get a full custody too. I have many pictures of her messy lifestyle and some witnesses too. What is my chance to have my boy stay with me?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please can I ask:
- what is the current routine of you both caring for your child?
- do you have parental responsibility - are you named on birth certificate?
- please provide more details in resect of your concerns about the mother
Kind Regards
Caroline
Customer: replied 1 year ago.
I work 4 on 4 off so 4 days a week I do almost everything in the house. She works 8-16:30 monday to friday. I am on birth certificate as a father.when I am at work my mum looks after baby. I support all his needs.my ex hates all people who try to help her at home.she let the boy play in kitchen unattended which I don't agree with because I find this as a hazard with his health.She says that she can't look after him because of her job but almost everyday spent time with shopping instead of her son.because she let him do everything he doesn't listen to her and sometimes she hit his butt or hands hardly.She wants to take him abroad without my permition.and because she doesn't like to work wants claim all benefits she can. I have a solid job and good wages so I don't need any support from government.
Customer: replied 1 year ago.
I fully care of him when on my 4 off.feed him, change nappies, go out every day for walk and try to teach him.he is very good boy just after weekends with his mother out of control.
When she is with him stick her mobile phone to his hands and keeps him busy that way.sometimes for hours.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your responses. I'm just about to go into a meeting but will respond fully later for you.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your patience.
It is the courts view that children should have a good relationship with both of their parents with both of their children unless their are child protection reasons why this should not happen.
From your description - I get the impression that the standard of care that you provide to your son is of a better quality than that provided by the mother. As long as the mother was meeting your sons basic needs then her relationship with your son should be promoted.
I note that you state that your son has been injured but you have not elobarated on the incident. If you had any such concerns in the future then you should contact social services and report your concerns to them so that they can investigate.
You should consider making a referral to a mediation service. Mediation will help you both try and agree a schedule in respect of the time that your son spends with both of you. There are lots of mediation service and there will be one local to you. One such national service is www.nfm.org.uk
If an agreement cannot be reached between you then you should consider making an application to the court for a Child Arrangement Order so that the court can decide the issue of when your son should spend time with both of you. Form is C100. Send to Local Family Court. Court fee is £215. You cannot make an application to the court without at least making a referral to mediation first unless the matter is urgent.
If your ex was to remove your son and deny you a relationship with your son and you were concerned that your son might come to harm, with his basic needs not being met, then you should consider an urgent application for return of your son. Explaining to the court that you are the main carer of your son and providing the court with specific detail in relation to the concerns that you have.
The terms residence and contact are no longer in existence. The court now makes Child Arrangement Orders to confirm the time that a child should spend with their parents.
In relation to your ex wanted to take your son abroad - then she would need to have your permission because you have parental responsibility. The courts do consider that children will enjoy a holiday abroad and therefore you should not unreasonably withhold your consent. If you felt strongly that your son would not be watched and cared for whilst on a holiday abroad with his mother than you could object. The mother would then have to make an application to the court for leave to temporarily remove your son from the Jurisdiction. You would have to present a strong argument for the court to agree with you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we are credit for our work. Your question will not close and I can answer your follow up questions for free.
Customer: replied 1 year ago.
Problem is she doesn't have nothing and that's why she is still here.she's waiting only for benefits and wants to strip me of money to pay her debts which I pay for her many years anyway.If I let her abroad she will probably never come back.And what about the hitting the baby? That's not right.can I do something about it?
Customer: replied 1 year ago.
And she is trying to make me mad about everything.just wants to get me in trouble all the time anf it's really hard to take it.
Because she said about social services she thinks that she can do everything and it's getting even worse.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your responses.
If your ex'a debts are in her sole name then you are not responsible for them.
If your ex has connections abroad and you genuinely consider she will not return then you should not give your consent.
Any incidents of hitting the baby should have been reported to social services. You can still report now if you are concerned that your son will come to harm or their is a further incident.
You must not react. If you do this will only cause issues in the future if you do.
You really do need to look to making a referral to mediation to start discussing future plans.
Kind Regards
Caroline
Please kindly remember to rate positively.
Customer: replied 1 year ago.
Can I ask her to move out of my house?
That could do a lot but I am still worried about my son.because she has nothing so she couldn't provide his needs.unless she gets everything from the government. She's doing a lot in purpose to make everyone mad about it so I have to walk of all the time to avoid the conflict.
Expert:  ukfamilysolicitor replied 1 year ago.
Is your house rented or owned? Whose name is ***** *****?
Customer: replied 1 year ago.
Rented on my name.her name is ***** ***** she lives there but I am as the payer.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Are you saying that the tenancy is in joint names?
Kind Regards
Customer: replied 1 year ago.
I rent the house and her name is ***** ***** as she lives there with me.all agreements and bills are on my name signed by me
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
My apologies for my delay in responding to you.
If the tenancy is in your joint names then your ex has a legal right to live there - irrespective of who actually pays the rent and bills. Your ex is going to have come off the tenancy if she wants to obtain her own place to live.
You could consider making an application to the court for an occupation order to temporarily exclude your ex - these orders aren't easy to obtain as Judges really do not like making people homeless.
The issue in respect of with whom your son spends time with won't be decided on whom has the better property. Trying to make your ex homeless won't help you in this regard.
Kind Regards
Caroline
Please kindly remember to rate positively so that we are credited for our time. Your question will not close and I can answer your follow up questions for free.
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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