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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34890
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 decided to separate from me 3 months ago but we

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My partner decided to separate from me 3 months ago but we still live together ( we lived for 7 years we are not married) and we have 3 years old son. She saying that i have to move out otherwise she will send me a eviction letter because only her name is XXXXX XXXXX agreement. Can i do something ? Should i contact landlord asking for tenancy agreement for myself? If mi not going to do that police will force me to go. She is also saying that she can move out and take our baby and i can do nothing about it Is it legal? or is it kidnapping?. Its her who decided to leave this relationship but she wont leave son with me and start to live on her own. Also there is a trip planned for her and son to go abroad and i worried that i will never see him again. Can i stop taking my son with her? She is unpredictable now. What can i do in this situation? Should i get a court order allowing me to stay where my son lives? I really don't know what to do at this point. Please help

Thank you for your question.
My name isXXXXX will do my best to help you but I need some further information first.
Who has the day to day care of the child?
Customer: replied 3 years ago.

At the moment i do because at January she wanted to go out form home and meet a people and work. She is working form 11-3pm and 5-9pm so basically im the person who is taking care of our son form Tuesday - saturday as well im working from home runnig ebay sales so im part time self employed when little one is asleep

is this a Private tenancy or Social Housing?
Customer: replied 3 years ago.

Private landlord Tenancy agreement in its her name and im as witness, I spoke to landlord and he said he is pretty sure if i need that he can make a statement that at the time we sing the agreement he consider us as family. I don't know if it will help.

have you considered looking for a separate property for you and your child?
Customer: replied 3 years ago.

i dont know if i have right to just take our son and leave.... but at the moment it will be hard to find something as im self employed part time and starting a new business also i dont think that anybody will give me a contract for a new place and also i don't really want to separate boy from mother even there is no ''family'' for him i want both of us to stay together at the same place. I i will have no choice but to take our son and leave before she will do it than yes if its legal i will

Customer: replied 3 years ago.
Relist: Answer came too late.
Customer: replied 3 years ago.

Hi im sorry but im really on dead line here i will need some advice please

My apologies for the delay.
If the relationship is at an end - which it appears it is - it is for you both as parents to decide how the child should share his time between you - possibly using Family Mediation (
You both have Parental Responsibility for the child and the right to have him in your care - but creating a tug of war with your son as the rope is not a good idea
If you and your ex cannot agree what the arrangements should be then the court will have to do so.
Once the issue of who cares for the child is sorted then the issue of which of you should remain in the property can be dealt with
If the child is going to spend more nights with you than your ex then you can apply to the court for an Order that the tenancy be transferred into your name - otherwise I am afraid that your ex is the one who is entitled to stay with no matter whether or not the Landlord understood you to be a family
However you are entitled to at least 28 days written notice to leave - and if your ex excludes you then you can apply for a Court Order allowing you to return for a set period to allow you to rehouse yourself
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Thank you for your answer

Is it my son need to spend night with me or more time? Is it in my favour that im taking care of him on daily basis?

And does she have a right to leave property we leave at taking my son with him?

So she cant evict me until court will decide who will take care for our son yes? Can i move out with my son to different property( do i have to notify her?) and than deal with arrangements and court?

Your both have the right to take your child to another property - but it is not wise to do so - you need to agree how the child's care is shared between you
Your ex has to give you at least 28 days written notice to leave - if she does that then you can apply to the court for an order that the child lives with you, and then request an order transferring the tenancy to your name
Clare and other Family Law Specialists are ready to help you