How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask RJM Law Your Own Question
RJM Law
RJM Law, Lawyer
Category: Family Law
Satisfied Customers: 3200
Experience:  LL.B (Hons)
106205234
Type Your Family Law Question Here...
RJM Law is online now

I’m in a same sex relationship and we have a daughter

This answer was rated:

Hello, I’m in a same sex relationship and we have a daughter through ivf who is one years old. We both have equal parents responsibility. my partner is leaving after having an affair and wanting to end our relationship, she is moving in with her mum, she will have a box room there with a travel cot, her brother also lives there who has just been released from prison and is on a tag. she is stating she will be taking our daughter 50% of the time with her there? Can she do this, take our daughter out of her home?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No steps yet as we have been trying to sort outselfs
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Bedfordshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just I am so worried this will totally distrust my daughter living in a box room for 50% of her life, I want them have regular time together but feel very uneasy with what she is demanding.

Hello my name is ***** ***** I will be the expert assisting you with this matter today

Please note there may be delays between messages as the experts on this website are all third party and are not on here full time.

You will also receive a request for a phone call. This is automatically generated by the website. I would be happy to facilitate a phone call with you however, do note that there will be a premium service charge should you accept this, you of course, do not have to click the phone call option.

Thank you

Customer: replied 1 year ago.
Hello Ross
Thank you, ***** ***** is Hayley

Hello Hayley, firstly, I am sorry to hear that you find yourself in this portion. So just to shed a little light on you legal portion, firstly, I understand your concerns. However, as you both have equal parental rights, you both have an equal stay in what happens with your daughter i.e. schooling, where she stays etc. so unless you can come to an agreement on this you are going to need assistance. The first step is going to mediation and if this doesn't work then you will have to go to court and the judge will look at the scenario and decide how shared access is going to work. I would highly suggest attempting to resolve this via mediation as court is expensive and once a ruling is made that is final! You should both take measures to ensure that you are acting in the child's best interest as this is all the court are concerned about. Also just for clarification, the fact you are in a same sex marriage makes no difference to any of this at all.

To find a mediator in your local area, use this site :

http://www.familymediationcouncil.org.uk/find-local-mediator

In order to apply to the court, you will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to your local family court centre. Or you can ring the court and pay over the phone (or pay in person if you go directly to the court and pay at the counter). If you are on low income/have low savings you can apply for a fee exemption here:

http://www.gov.uk/get-help-with-court-fees

Once you apply the court will list a hearing where you and your ex attends. There will be a family advisor there too (from Cafcass) and if arrangements can be agreed then a consent order will be drawn up.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross

RJM Law and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you RossOk that has helped, can I just ask until we reach an agreement can she just take her to Mums when she wants and to stay over without my agreement?

In a way both of you can do what you want nobody has more rights over the other. However, it will not be a good situation if she attempts to force this or doesn't return the child when she is meant to. This is why you want to get an agreement or court order so that you can enforce what has been agreed. I sincerely ***** ***** manage to work this out together.