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Legal matters

Leaving with baby

3 replies

jayho · 07/02/2013 18:53

My son is married with a baby. The relationship is abusive and he wants to leave. He is a SAHD and has been the child's primary carer since birth. His partner has been diagnosed with BPD, had pre and post natal depression and a failure to bond with the child.

He wants to take the baby with him but he is frightened of her and what she will do. I have told him that if the genders were reversed this would not be an issue.

Does anyone know his legal position?

He would not prevent contact once separated.

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Collaborate · 07/02/2013 19:02

His gender is not an issue. No reason why he can't expect to care for the child on separation.

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betterthanever · 07/02/2013 19:36

He sounds in the best position to be the main carer and stands a good chance of getting a residence order if it goes that far. If he would qualify for legal aid to do that he needs to move quickly as it runs out next month and many solicitors are not taking on new cases already.

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jayho · 07/02/2013 19:53

Thank you, great advice, had not thought about legal aid and he is not well off.

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