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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4503
Experience:  LLB (Hons)
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My daughter has just been told by her ex boyfriend that he

Customer Question

my daughter has just been told by her ex boyfriend that he will be keeping their child for 7 days on and 7 days off from this weekend after moving in with someone new after a 3weeks relationship. he works full time all week. the agreement was weekdays with my daughter weekends with him
JA: What steps has your daughter taken? Have they filed any papers in family court?
Customer: no this has just happened within the last hour, does she need to give up her child for the week
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your daughter live in?
Customer: great notley essex
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the new partner has a 15 month old child and lives in sudbury
Submitted: 14 days ago.
Category: Law
Expert:  SASH_Law replied 14 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Is there a court order in place? How long have the weekend visits taken place? Os that Sat-sun or Fri-Mon or another format? How old is the child?

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Customer: replied 14 days ago.
Hi Lea
There is no court order, it has been a mutual agreement.
Jay is approx 8 months old
The weekends are from 8pm Friday until 8am Monday as the ex ( oliver) has to work full time, but this was at his parents, he has now moved in with someone else ( after 3 weeks) in sudbury who presumably will be left caring for Jay while Oliver works
The weekend visits have been going on since Oliver moved out of their house back to his mother's, approx 3 months ago
Expert:  SASH_Law replied 14 days ago.

I very much doubt that a court is going to take an 8 month old baby away from his mother to give him to another woman to care for whilst the father is at work. It's an absurd position for the father to take. If he was going to be there taking care of the baby, fine, but if not, then it's not feasible.

I presume the father is named on the birth certificate, and if so, then he has the exact same parental responsibility as the mother, so technically either one of them can have the child live with them for any pattern that they can agree on. If they cannot agree, then their first port of call is to try mediation, and if that doesn't work one of them will need to apply to court for a child arrangements order.

I cannot see a court thinking it is reasonable to do 7 days on/off for an 8 month old - at that age they need a secure attachment to one person more than they need regular contact with the absent parent. I would go so far as to say the Fri to Mon every week is unreasonable too. Moving in with someone after three weeks shows a distinct lack of maturity and that mother has a 15 month old baby of her own...I just cannot see CAFCASS or a judge thinking that the set up is reasonable.

I'd suggest your daughter stops contact unless it takes place at his parents house as it has done till now - and if he insists on involving his girlfriend, then contact should be stopped entirely as a safeguarding issue. At that stage it will be an issue for the court to resolve. The court can get background checks on everyone from police and social services and make sure the girlfriend is safe. In addition, it will give a sufficient period of time to see if the relationship will actually last as the court proceedings will likely take 6-12 months, sometimes longer.

Expert:  SASH_Law replied 14 days ago.

Can I clarify anything?