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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 905
Experience:  LLB (Hons)
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Assistant: How can I help? what are my rights as a mother in

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Hello,
Assistant: Hello. How can I help?
Customer: what are my rights as a mother in England?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: not as of yet no. Shall quickly explain everything that has happened so far?
Assistant: Have you talked to a lawyer about this yet?
Customer: i am in the process of trying to seek legal advice
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: am I able to move back to Scotland with my children now that myself and partner are separated? My oldest son is 5 and my ex partner isn’t his legal guardian and has no parental responsibility as he is not his biological father. My youngest son is 9 months and my ex partner is his father. However my ex partner has threw me out of the house and is not letting me see my children. He is threading me with court as well
Customer: replied 8 days ago.
My ex partner is also trying to make out that I am a bad mother and says that he will take me to court and say I’m an alcoholic and drug addict which I am neither. I have PTSD as I’ve been abused as a child and attacked as an adult. However I’ve been under the care of a doctor for years and take medication to stop flashbacks.

Hi, I'm Lea and I have reviewed your query.

Are you not having any contact with the children at all?

When did you last see them?

Where are you currently living? Is the accommodation suitable for the children?

Customer: replied 8 days ago.
My ex partner says I have no rights down here in England as a mother and that he will control everything
Customer: replied 8 days ago.
At the moment I am staying in a premier inn hotel which is suitable for the children.
Customer: replied 8 days ago.
He is letting me see them for an hour in the evening to tick the children into bed.However
Customer: replied 8 days ago.
He said I wasn’t allowed to lift my baby. My mum has came down from Scotland to be with me and he says I can’t take my oldest son for dinner with myself and my mother

Was the house you were living in on a joint mortgage or joint tenancy or solely in his name?

I presume you were not married?

Customer: replied 8 days ago.
the house belongs to him and we were not married.

Legally you both have the same level of parental responsibility for your youngest son, and therefore either one of you can offer him full care. However, your ex has no right to withhold your oldest child from you and you, as the person with PR, are free to go and remove him from the ex's care if you choose to. There is nothing that the ex can do to prevent that, unless there are genuine safeguarding issues. You can also, if you choose, remove the youngest child as you share PR for him and without a court order stating where the child lives, either parent can have that child in their care.

However, that said, I would not suggest that you remove the children from their home to live in a hotel. If you were going to remove them and take them to suitable accommodation, such as a 2 bedroom property, that might be different. You cannot remove the youngest child from England & Wales without the consent of his father or the order of a court.

If you have accommodation in Scotland - for example with your mother who could help to provide you with support - you might wish to apply to the court for the following orders:

  1. Child arrangements order for the youngest child to live with you
  2. Specific issues order for both children to be returned to your care
  3. Specific issues order for you to be given leave to remove the youngest child to live permanently in Scotland

These orders can all be made on form C100 - all at the same time - see here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf

As you want the children returned to your care immediately, you would be making the applications as a matter or urgency and could therefore skip mediation - see the form for further information on exemptions.

The fee to file is £215 unless you are on a low income or benefits, in which case you may be entitled to fee remission - see here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/634329/ex160-eng.pdf

Does that assist?

Was that helpful?

Customer: replied 8 days ago.
Thank you that does help. I’m allowed to take my youngest child to Scotland to cost for the weekend?
Customer: replied 8 days ago.
how do I start the process of a court order?

Technically, as Scotland is a different country, you need the father's consent to travel with the child.

I described the process for the court order application above.

Please accept and rate positively using the five stars at the top of your page as that is how I am paid for assisting you. You will still be able to ask clarification questions.

Hello, if you are finished with the question, could I please ask that you rate positively using the five stars at the top of your page as this is how I am paid for the time spent assisting you. Thank you.

Customer: replied 8 days ago.
Okay so if I want to visit my parents in Scotland for the weekend say, I would need to ask my ex partners permission to take him for a weekend?

.

Do you require any further assistance with this?

 

If not, please do take a moment to rate positively so that I am paid for the time spent assisting you. Thank you.

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