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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 3526
Experience:  LLB (Hons)
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I have a family law matter. My partner has a shared care

Customer Question

Hello, I have a family law matter. My partner has a shared care agreement court order in place. For the past three months we have had the child due to ex partners relationship break down. The ex partner now wants the child back and has said police will be called out if the child does not go back to hers ?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes shared care agreement
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: Plymouth
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 25 days ago.
Category: Law
Expert:  SASH_Law replied 25 days ago.

Hi, I'm Lea

Could you please clarify what your query is?

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Customer: replied 25 days ago.
Hello, it’s in regards ***** ***** step son. His dad and mum have spilt up. Last year they went to court for a share car agreement which states us the fathers side has him 9am Friday to 7pm Sunday. Started off well. The mother of the child spilt up with her partner as was kicked out of her partners family home along with her three children. So for three months now we have had my partners child living with us. The mother of the child has no decided that she’s moving back in to her partners family home and demands my partners child back. Where do we stand ?
Customer: replied 25 days ago.
She has since sent a text to say we have two options either take the child home tonight or she will get her solicitor to call the police to bring the child home ?
Expert:  SASH_Law replied 25 days ago.

You have to return him - is the simple answer. The court order states when each of you has him, and the interim arrangement was obviously by agreement between the parents and now she wishes to have him returned to her.

Unless there are safeguarding reasons not to return him, you should do so.

Customer: replied 25 days ago.
Our issue is the fact there is three children and two adults in one room when he has had a routine his own room for the last three months ?
Customer: replied 25 days ago.
Apart from anything else not a stable home !
Expert:  SASH_Law replied 25 days ago.

If the father feels there are safeguarding issues with him being returned to his mother, then he needs to apply to court to vary the order. He cannot just retain the child as that would put him in breach of the order.

To apply to vary he will need to use form C100 - cost £215.

Customer: replied 25 days ago.
What would you class as a safeguarding issue in courts please ?
Expert:  SASH_Law replied 25 days ago.

Safeguarding issues are when the child would be in danger of harm of some kind.

Expert:  SASH_Law replied 24 days ago.

I trust that has answered your query in an accessible way.

If you have any new questions, do feel free to mark them for my attention by putting FORCustomerin your subject heading.

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