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Ask MARCUS Malin Your Own Question
Category: Family Law
Satisfied Customers: 2499
Experience:  Consultant Solicitor at Setfords
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I have a 6month old son. The father and my now ex fiancé

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I have a 6month old son. The father and my now ex fiancé finished the relationship and left us at the end of May. I’ve been kind and amicable keeping him posted and up to date on our son. He comes over Tuesdays for an hour or so to see him and stays Friday nights to do the night shift. With lockdown measures starting to be reduced he’s getting pressure from his family to have our son stay with him but as we are still in lockdown I’m not agreeing to it. What are fathers legal rights to their child if they walked out and what are my rights as his mum and primary career?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Nothing Filed. I’ve been trying to keep things amicable and on friendly terms. By the end of the relationship he was emotionally abusive, as much as I’m trying to do the right thing I’m still finding I’m still watching what I say and how I say it so he doesn’t get angry
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: I’m in Colchester so know the magistrates court location
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That’s roughly it. I’d like to know where I stand legally and what his rights are

Hello, my name is Marcus.

It is considered that it is in the child’s best interests to have a meaningful relationship with both parents.

However when a child is very young as in your case contact has to be built up very gradually.

The reality is that you as primary carer are in the best position to decide what you consider to be in your son’s best interests.

Usually at this stage contact his little and often as you are doing.

If father made an application to the court for a contact order now known as a child arrangement order it is unlikely he would be allowed to remove the child from your home at this time.

In the near future it may be that he could have the child away from home but for short periods of time but only when safe to do so.

I do not consider your position to be in reasonable at this time and I think that would also be the view of any court if he was to make an application.

However in the fullness of time and certainly win matters have settle down it may be possible for you to start a staggered increase in contact starting with short period of time away from home and only when your son is settled then maybe increase the time.

It is all about the child and what is best for the child and of course they all vary in how they adapt to situations. So will settle better than others.

Thank you.

Customer: replied 4 days ago.
Thank you for your response. Does his family have any rights to my son? His mum, sisters etc?

Technically grandparents can make an application to the court to spend time with the child and therefore in short they do have right to a degree.

However once again it comes down to what is in the child’s best interest and he will no doubt have a relationship with them in the future when he’s older and as such he spends time with his father.

It comes back down to his tender age when contact is limited but as I say the older he gets that will of course change.

Thank you.

Customer: replied 4 days ago.
Thank you for your help

You are most welcome. If you need any further assistance please do not hesitate to revert back.

MARCUS Malin and other Family Law Specialists are ready to help you