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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33547
Experience:  25 years experience of all aspects of family law
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I am in a relationship with a new partner and s ex is

Customer Question

I am in a relationship with a new partner and his ex is stating that he cannot have his son at my house, Can she do this legally? We are aware of the upset this may cause so we have agreed that until such time we can be sure its serious he will be renting my spare room as a lodger and that his son will not be exposed to a relationship until the time is right,
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How old is the child and how long have the parents been separated

How long have you and your partner been together.?

How olbg

Customer: replied 1 year ago.
The child is 19 months. Parents been separated since June this year.We have known each other for 2.5 years but been together as a couple for the last month or so
Customer: replied 1 year ago.
He has been seeing the child regularly since the break up and she has been fine with him having him overnight while he has been living with parents but now has stating as he is moving she won't allow him to be at the house where he will be living.
Expert:  Clare replied 1 year ago.

Could your partner continue to have the child overnight at his parents for the next two months or so?

Customer: replied 1 year ago.
this is possible. But not ideal. We wanted to know where she stands legally. Is she able to dictate or control where his son stays on the weekends he has him? If she has no legal right then we would like to know where we stand so we can be confident in discussing it with her. We want to be flexible with her and make her feel comfortable but we also need to know if she has the right to dictate it or not. Ideally we would like some say in the timescale that he could stay with his parents but need to be sure what the legalities are
Expert:  Clare replied 1 year ago.

Both parents have EQUAL parental responsibility for a child and neither is entitled to simply dictate arrangements.

If they cannot agree using Family mediation

www.familymediationhelpline.co.uk

then either can apply to the court for a Judge to decide what is best for the child.

In your current situation the fact that your relationship is too new might persuade a court to favour her view - but given another two months that could easily change.

So he can go into the negotiations knowing she cannot dictate - but also taking account of the likely court outcome and negotiating accordingly

I hope that this is of assistance - please ask if you need further details

Clare

Customer: replied 1 year ago.
Thank you. She has stated that she has seen a solicitor and that he will be getting a letter stating that he is not to have his son at my house on his weekends. Is this legal and does he have to abide by it? Or would the letter not actually mean anything?
Expert:  Clare replied 1 year ago.

It would be wise not to ignore it - instead he should write back and say whilst he will respect it for now the matter has to be discussed at mediation

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