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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34888
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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Hey, I hope you can help my friends out. My friend Tanya is

Customer Question

Hey, I hope you can help my friends out. My friend Tanya is in a gay relationship with her partner Joanne. Tanya has a little girl with her ex, who is the childs birth mother. Currently, Tanya and Jo only have her on the weekends as Tanya doesn't have any rights to her. Her ex has now said that Tanya and Jo cant see her anymore, which obviously is devastating for both them, myself, and the little girl (aged 3) Is there any legal action they can take to get atleast shared custody and be able to see her. I am not being biased when i say that she is so much better with them. Any help would be really appreiciated by us all! Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow long has the ocntact been ongoing and why has it been stopped?Clare
Customer: replied 2 years ago.

Hi Clare,

Thank you for the quick reply.

Tanya has been a part of Tegan's (the child) life since she was born so 3 and a half years now. Tanya and her ex split up about 2 years ago, but still lived in the same house until June this year as that's when she moved in with Jo and obviously so Tegan wouldnt be negatively affected. When living together, Tanya was paying Becca (the ex) rent, but turns out Becca never put Tanya down as living with her so she could claim benefits.

In the last few months the contact Tanya gets have gone to Friday evenings to Monday mornings as Becca has moved but hasnt geot Tegan started in school yet.

Tanya has gone for rights before but got turned down due to Becca claiming that Tanya never lived with her for over 3 years, but they were together for 6 and also because Tanya and Becca were never married.

Anymore information you need I am more than happy to give you,



Expert:  Clare replied 2 years ago.
So it i snot a Matrimonial Homes Rights Notice and will not end on Decree Absolute?
Customer: replied 2 years ago.

No, Tanya and her ex, Becca, were never married when they were together. If it does help Jo and Tanya are now engaged and are set to be married next November.

Expert:  Clare replied 2 years ago.
Sorry that was a site glitch Could you confirm that the child was not conceived using a clinic with your friend as a registered partner?
Customer: replied 2 years ago.

Yes, it was done at home as Tanya's brother as the donor

Expert:  Clare replied 2 years ago.
That could be helpful.Is he named on the birth certificate - or is he willing to be involved now?
Customer: replied 2 years ago.

He isnt on the birth certificate no, but yes he is willing to be involved in this

Expert:  Clare replied 2 years ago.
What did your friend actually do when she "went for rights'
Customer: replied 2 years ago.

She went for step parent parental rights, adopting, but as her ex never had her down as living together, she cant.

Expert:  Clare replied 2 years ago.
Is there any independent evidence of the contact that has happened since June?
Customer: replied 2 years ago.

Like what? It's just the ex telling Tanya when she can have the child.

Expert:  Clare replied 2 years ago.
Sorry - what I mean is if the mother denies the extent of the ocntact can it be proved that the child has sent long weekends with your friends
Customer: replied 2 years ago.

Well there is Jo and Tanya who can vouch for it as they have changed their shifts in work to suit it, and then there is Jo's mother, friend and myself who spend time with Tegan regularly on the weekends

Expert:  Clare replied 2 years ago.
I am hoping that my fifth attempt to send this answer will work as I an beginning to fade hereThe emphasise of the Family Court is on the best interest of the child.Given that there appears to be a close relationship between the child and your friend then you friend can apply to the court for permission to apply for a Child Arrangement Order setting out times when the child will see her.Given the unusual relationships involved it MIGHT assist your friend if her brother also applies for Contact with the child so that the court has before it the entire history of the relationships and can understand that this is a way of ensuring that the child maintains relationships with her Paternal family AND that if her second parent.The starting point is to arrange to discuss the matter with the mother using Family if that fails then the application to the court will be a Form C100 and a Form C2 asking for permission to apply based on the close relationship between the child and your friend.I hope that this is of assistance - please ask if you need further details