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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My ex partner (the biological father of my daughter) made me

Customer Question

My ex partner (the biological father of my daughter) made me homeless 9 months ago and kept our daughter. I have asked for shared custody without going to court but he refuses to let me see her more than 2 days a week. We were never married however he is on the birth certificate. Does he have a right to take her from me or can I take her back without breaking the law? My daughter is three years old and I have cared for her since the day she was born whilst being in a relationship with her father. 9 months ago I suffered extreme depression from being in an awful relationship and after a suicide attempt I voluntarily put myself in hospital to receive treatment and get better for my child. During this time he informed me he had changed the locks to our rented property and I was not to come back to live there. I was never sectioned and have been assessed by a community mental health psychologist who confirms I am mentally well and able to look after my daughter. During the period I was recovering I agreed my daughter could stay with her father temporarily. There was no court order or legal agreement confirming this. He now refuses to let our child come back to live with me and will not let me take her to nursery or collect her from nursery. I would like to know legally where I stand. Many thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Exactly what contact do you have at the moment?
Customer: replied 3 years ago.

I see her at weekends he will not let me see her during the week. is he allowed to do this? i thought the unmarried mother had sole custody until a judge orders otherwise?

Expert:  Clare replied 3 years ago.
What time do you have her at the weekend - and no I am afraid that is not the law