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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35076
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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I and my partner,we are not married but live together in a

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I and my partner,we are not married but live together in a house with our son,I am on the birth certificate so have parental responsibility,would the mother be able to take my son out if our home to move in with her parents?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and how is the day to day care shared between you?
Customer: replied 2 years ago.

The child is 19 months old and I work five days she works 3 and onthose days where we are both at mother looks after him and if im off and my partner at work...I do...and she does the days I work and she doesnt

Since you both have Parental Responsibility for the child you are both equally entitled to have the child in your care - so legally there is noting to stop her taking the child to her parents if she moves out = although she cannot physically take him from your arms to do so.
Equally you can retain the child in your care - but you cannot physically remove the child from her arms to do so
When parents separate it is assumed that they can reach agreement as to how the care of a child can be shared between them - using Family mediation
if necessary
Only if that fails should the courts be involved.
You can read more here
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