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Category: Family Law
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One of my friend lives with his partner and their boy/child

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One of my friend lives with his partner and their boy/child in his sole own accommodation my friend would like to get the custody of the child and ask his partner to leave , what is the legal proceeder for this?
Good evening and thank you for your question. I'm a solicitor specialising in family law and dispute resolution so I'd be happy to offer some guidance on this matter.I'll need a little more information to fully answer your question. First and foremost, how old is the child? Do they own the property? Are they living together or married?Thanks, J
Customer: replied 13 days ago.
The boy is 3 yrs old, my friend owns the property yes only on his name, his partner doesn’t own any of the property, they are living together and not legally married, please feel free to ask any more question in order to get the full picture to help u to get the correct answer
Customer: replied 13 days ago.
The target he wants to reach she leaves the property without the boy in a legal way
Hello again and thank you for your replies. Does your friend work full-time? How about his partner?
Customer: replied 13 days ago.
friend is working full time , his partner does not work
Customer: replied 13 days ago.
As he supporting her financially for some years now
OK. Would you say that the mother is the prime carer for the child if your friend is working full-time?
Customer: replied 13 days ago.
Possibly but I am not sure, also the child is in full time nursery and the father the one who picks him up from nursery every day
Thanks for that information. If your friend wants his child to live with him, he will almost certainly need to make an application to court for a Child Arrangements Order, specifically, a live with order.If your friend wants to get his partner to leave the house, he will need to obtain an occupation order. This is an injunction made by the court ordering an individual to leave a property and not attempt to enter or re-enter. If they breach the terms of the order, they could be arrested and fined, even imprisoned.
The problem he has is that I suspect your friend's partner will argue she is the prime carer.
If so, I could actually see a scenario whereby she could stay with the child in your friend's house and force him out.
Customer: replied 13 days ago.
How can she force him out legally while he own the house and not hers and also he might apply for that occupation order as you saying??
OK, she claims that he is threatening her. She also claims that she is the prime carer - given that she does not work, the court would be likely to believe her.She makes an application for an occupation order and a Schedule 1 application to have the house transferred temporarily into her sole name until the child reaches 7 or 11.
Everything will depend on who is the child's genuine prime carer.
Without sounding patronising, I've been practising family law for nearly 20 years and I see these scenarios a few times a year.
Customer: replied 13 days ago.
If that scenario really happened she wouldn’t be able to pay the mortgage it’s too high for her
Customer: replied 13 days ago.
maybe it’s better for she is working and he is not working so he be the prime carer
She would receive child maintenance from the partner. In addition, she could ask for financial provision under Schedule 1 for the benefit of the child OR the Family Law Act (via the occupation order) to assist with the mortgage.
Customer: replied 13 days ago.
She is the type of the classy lady and she was always asking him to employe a nanny on a full time at home to be prime carer, what if he does this and sign a contract with a full time nanny before taken any step, does this helps?
The court is primarily focused on the children's relationship with each parent when it comes to considering the issue of who that child should live with. If one parent can provide real care for a young child, they'll likely prevail in any Children Act proceedings.
Customer: replied 13 days ago.
It’s really tricky specially if the female plays cheeky claims she is the prime carer or even accuses of he is threatening , what is your advise then to get this done?
I'm afraid I cannot give specific advice as Just Answer is not a law firm and there is no solicitor-client relationship formed.I think your friend and his partner may need to consider a shared care arrangement. As his partner may also try and argue that she has established some sort of beneficial interest in the property, your friend may need to consider giving her a lump sum to help resettle. Either way, I think it's going to be very difficult. She will know the child is the key and she will receive maintenance if she is the prime carer, especially if your friend earns a decent income.
For the record, a beneficial interest is often a financial interest. A person who is not a LEGAL owner of a property but who cohabits with the owner may establish a beneficial interest through contributions to the mortgage, paying for renovations/improvements to the house, etc.
This is why I suspect your friend's partner may be prepared to leave if the price is right and they can reach an agreement over child care.
Customer: replied 12 days ago.
I chatted to him over the phone after your messages he says she will leave immediately for free heading to her sister if he asks her to leave, no problem with that, the only problem is the boy, as she will take the boy with her and that’s what he doesn’t want, he wants her to leave without the boy which she is not gonna do
Hello again. As the boy's mother, she can remove him. Your friend would probably have to obtain a prohibit steps order from the court to prevent the removal.Ultimately, this goes back to who is the true prime carer of the child. I'm afraid that experience tells me your friend's partner is the prime carer given the circumstances. A court application regarding the child would almost certainly trigger these questions. If your friend did make an application for a prohibited steps order, I suspect the partner would make a counter-application for a "live with" order for the child to remain with her.
Good evening. I note I haven't heard anything further from you since yesterday so I trust you're happy with my answers to your questions. If you have any further questions, please feel free to start a new thread and mark it FAO JeremyT1020 as I'd be delighted to assist. Otherwise, thank you for your question and for using Just Answer. Best wishes, J
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