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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35053
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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If a partner leaves home, are they allowed to take a 11 month

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If a partner leaves home, are they allowed to take a 11 month year old baby with them, we're not married, but both names on birth certificate. they baby would be looked after either way, without question, just who has the final say where the baby should stay? thanks
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who has had the day to day care of the child until now?
Customer: replied 4 years ago.

Thanks for your fast reply, we've leaved together so split the care, along with babysitter.

we hadnt been getting on, so my partners left to stay with her parents, she's taken the baby with her and we're trying to agree on who has her on what days.

The reason i'm asking today is, the baby hasnt been very well, she's obviously really unsettled staying at the grandparents with mum for past few days, (this isnt to do with mum, she's a good mum) but i i think the baby would prefer a good nights sleep in her own bed. i've suggested it, but it hasnt gone down very well. even though, mum will be at work during the day anyway...

i'd heard from someone its illegal to take a baby from her own home?

Thanks very much

No I am afraid that your ex has not done anything wrong
She is entitled to have the baby in her care - as are you
You are simply going to have to reach agreement as to how the care of the baby should be shared between you - using Family Mediation if necessary - or ask the court to deal with this for you
You can find some help here
I hope that this is of assisatnce
Clare and other Family Law Specialists are ready to help you