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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex-partner (not married) and I have two small children

Customer Question

hello,
my ex-partner (not married) and I have two small children together and she is making access to my children difficult and wants to know when and were I will be when I take my kids out for the day-is this a responsibility on my behalf? and can she block my access??.also her new boyfriend has access to our jointly owned house do I have any recourse in questioning this access to my young children (5 & 6) ???
thank you
Alistair
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are there any formal agreements or deeds of trust in relation to the property?

-Are there any court orders in relation to the children?

-What are the arrangements for you to see them and how long have they been in place?

-Is your name on their birth certificate?

Customer: replied 1 year ago.
Hello Harris,I am the legal father of our two children and they have my surname.
there are no court orders in relation to the children
the property is jointly owned by both of us although the payments have always only ever been made from my bank account
we only have a verbal agreement for me to see the kids at the weekend as I work away during the week
I would also like to know if she can refuse to sign if and when we sell the house
Cheers,
Alistair
Expert:  Harris replied 1 year ago.

Is your name on their birth certificate?

Customer: replied 1 year ago.
I am on both certificates
Expert:  Harris replied 1 year ago.

Thank you. As you are named on their birth certificates you have parental responsibility which gives you the right to be involved in their upbringing and consulted regarding major decisions such as health and school/education.

In relation to the arrangements to see them, this can only be reasonably restricted if there are child protection concerns raised by her - otherwise you should be free to enjoy this time with your children without her interference. Her requests to know where you are and what you are doing during the sessions would not be reasonable unless you are taking extended trips or plan to take them on holiday.

In relation to the property, as your name is ***** ***** title, you have a legal interest in the property and therefore a right to occupy it which can only be restricted by a court order. You can seek that he does not reside in the property, however this may cause more tension between you if you have agreed for her and the children to live there. Furthermore, if you have concerns about him being around the children then this is reasonable and can be raised as he has no automatic right to a relationship with them.

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.

Harris and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks Harris ,as for my query "can she refuse to sign the agreement to sell the house?" what would the answer be to that ?thanks again
Alistair
Expert:  Harris replied 1 year ago.

If you wish to sell the home you would need her to agree to this as she is a joint owner. In the event that she does not agree you would need to pursue a court application to sell the home using form N1 and a £355 court fee to your local county court.

Customer: replied 1 year ago.
thanks again for your advice
Expert:  Harris replied 1 year ago.

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris