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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35062
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner and I are possibly going to split up. I dont think

Customer Question

My partner and I are possibly going to split up. I don't think it will be amicable. No one else is involved We have a 3 year old daughter. I am very worried that he will not allow me to take our daughter with me if I leave. Can you advise me of my position.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
Is he named on the birth certificate and who has the day to day care of the child?
Customer: replied 4 years ago.

Hi Claire


He is named on the certificate. I am the one who looks after her every day. Her Father usually leaves before she wakes up in the morning and doesn't usually get back til at least 7-00pm her bedtime is 7-30



Expert:  Clare replied 4 years ago.
Hi Elisa
Who owns your home and where would you plan to move to?
Customer: replied 4 years ago.


He owns the house we currently live in but I have a house that is currently rented out. I could move to my Mum's with my daughter whilst waiting for my house to become vacant

Expert:  Clare replied 4 years ago.
What makes you fear he will try and take the child off you?
Customer: replied 4 years ago.

It may sound silly but just because he knows how important she is to me. I just don't know what my rights are exactly and I want to be prepared in case.



Expert:  Clare replied 4 years ago.
Actually it does not sound silly at all - it sounds realistic and sensible
You both have Parental Responsibility for your daughter and the right to have her in your care.
Your ex cannot take her from your arms without your consent - nor you from his, so in terms if physically moving out just leave at a time when he is not there.
You do need to arrange how your child will spend her time between you - and you should try and do this using Family Mediation ( but if that isn't possible - or your ex threatens to simply remove the child from your care - then you can apply to the Court for a Residence and Contact Order stating that the child lives with you and when she will see her father.
Since you have had her day to day care until now then this is what is likely to continue
There is more information here
But please ask if you need further details