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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23746
Experience:  Senior Partner at Berkson Wallace
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My son wants to know if his girlfriend doesn't allow him

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my son wants to know if his girlfriend doesn't allow him back into the family home what can he do. he is the tenant and she is the Co tenant,
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: London Islington
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: no issues, she has a new partner and does want my son there but council said they won't rehouse him if he leaves the property
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: her new partner tried to get into the flat yesterday and things got out of hand and my son was arrested but has been released and wishes to return home as he has nowhere else to go
Customer: replied 10 days ago.
my son has just arrived at my house, he is not allowed back to his flat as part of his bail condition, please can you us with were he stands with all this

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

When you say co-tenant do you mean she is also on tenancy?

who pays the rent?

Stuart J and 2 other Law Specialists are ready to help you
Customer: replied 10 days ago.
I'm not sure who pays the rent, it is all a mess, my son come to my house at the weekend for a few nights, council told him if he leaves the flat he will not be rehoused, so he went back and found she had moved her new man in, the man is on tag had has just come out of prison after doing 4 yrs for stabbing 2 people, my son is upset that she has allowed him to be around his 2 children who are only 2 and half and 17 months old,

They are joint tenants on the property and he is free to come and go as he likes but he needs to be careful because in circumstances like this, ex partners are adept at alleging domestic violence et cetera et cetera to get their own way.

A couple of solicitors and barristers that I know, and I agree with them, estimate that at least 50% of the allegations of domestic violence, which are made when a couple split up, are without merit/spurious/Lies.  So be careful.

Although he is entitled to come and go as he likes, she is also entitled to have guests in the property although if she goes to the shops or out, he is entitled to ask the guests to leave and she can invite the guests back in the game when she returns.

Legally, straightforward but practically, a nightmare.

The local authority will not rehome him unless he is evicted because they would see him as having made himself homeless if he leaves voluntarily.

I can understand why your son is upset at having this person around the children and there is no reason why he could not make an emergency application to court for a Child arrangement order which, amongst other things would exclude the new partner from being near the children.

Fortunately, there is a lot of information on the Internet about Child Arrangement orders and the government have actually produced a guide on the subject which is here.

The different types of Child Arrangement order are:

1              A Contact Order which specifies when parent sees a child,

2              A Residence Order to determine who the child lives with,

3              A Prohibited Steps Order to prevent a parent doing something with the child such as moving away either in this country miles away or taking the child to another country.  Particularly relevant if there is a chance that the parent would go to another country and never return.  The parent wishing to prevent the move would have to convince the court why it’s not in the best interest of the child to move.  Friends, support, school et cetera et cetera all taken into account.

A Prohibited Steps Order is to prevent child Abduction and it’s one of the few areas of law for which legal aid is sometimes still available.  It’s often therefore worth seeing a solicitor.

4              A Specific Issue Order to allow a parent to do something specific with the child such as moving away to another part of the country or indeed to another country.  .  The parent wishing to move would have to prove why it’s not in the best interest of the child to move..  Friends, support, school et cetera et cetera all taken into account.  It would also encompass things such as changing school if the parents cannot agree, changing the child's name, and anything other specific.

The courts will not get involved in a Contact or Residence order unless the couple have been to mediation first.  So the couple would have to try mediation even if it subsequently fails and the matter proceeds to court.

There is no reason why he could not get an order within a couple of days because clearly there is some urgency here because of the nature of the individual.

It would be worthwhile speaking to a few solicitors to see whether this could be dealt with on legal aid.

You might need to ring round an awful lot of solicitors but you can search by postcode and specialism on the Law Society website find a solicitor link which is at the top left hand corner of the page.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards