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I have been approached, by a young lady that my wife and I befriended when she lived near us, for advice regarding custody of her one ear old son.
To keep it as simple as possible this is the stuation:
Her partner and her (not married) moved in to a house near us when she was pregnant just over a year ago.
Unfortunately she allowed her partner to buy the house in his sole name.
Recently (after over a year in the property) they fell out and he told her to leave.
Hoping for a reconciliation at some point she left the house but could not take the child (now 1 year old) with her.
As her partner works, he now spends 4 nights a week living with his parents who look after the son during the day (15miles away from his house), and spends the weekend (when he is not working) at the house.
He, and his parents, refuse to allow the mother to see the child, and ignore her attempts to contact them.
There is no court order of child arrangement in place to dictate anything other than joint parental rights in place to prevent the other seeing the child on her own or under supervision.
Her goal would be to achieve a custody agreement with the father so she had the child during the week (as he works and she doesn't) and he has custody at the weekend - but neither her partner nor his parents will entertain a discussion to resolve the matter.
I have my own opinion about what powers any of the parties involved have in this matter, but have suggested to the mother that she needs to seek personal legal advice. Although she is wary of discussing the matter and her relationship with her partner and his family in front of a thisr party, she has now made an appointment with a local solicitor in 6 weeks time.
I post this here in the hope that maybe someone here has good experience in this and can give an opinion/advice as to what, based on the above information, may be the possibilities going forward.
To keep it as simple as possible this is the stuation:
Her partner and her (not married) moved in to a house near us when she was pregnant just over a year ago.
Unfortunately she allowed her partner to buy the house in his sole name.
Recently (after over a year in the property) they fell out and he told her to leave.
Hoping for a reconciliation at some point she left the house but could not take the child (now 1 year old) with her.
As her partner works, he now spends 4 nights a week living with his parents who look after the son during the day (15miles away from his house), and spends the weekend (when he is not working) at the house.
He, and his parents, refuse to allow the mother to see the child, and ignore her attempts to contact them.
There is no court order of child arrangement in place to dictate anything other than joint parental rights in place to prevent the other seeing the child on her own or under supervision.
Her goal would be to achieve a custody agreement with the father so she had the child during the week (as he works and she doesn't) and he has custody at the weekend - but neither her partner nor his parents will entertain a discussion to resolve the matter.
I have my own opinion about what powers any of the parties involved have in this matter, but have suggested to the mother that she needs to seek personal legal advice. Although she is wary of discussing the matter and her relationship with her partner and his family in front of a thisr party, she has now made an appointment with a local solicitor in 6 weeks time.
I post this here in the hope that maybe someone here has good experience in this and can give an opinion/advice as to what, based on the above information, may be the possibilities going forward.
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