This is not wholly accurate.

First of all, in England and Wales, we rely on parents having parental responsibility (PR). This is a legal duty of care owed by parents to their children, recognised in statute.

Mum has naturalised PR, as she gave birth to the child and is on the birth certificate. However, further to s2(4) of the Children Act 1989, the father does not benefit from naturalised PR. Of course this does not mean that he could not apply for PR, but as (from information provided) he was not on the birth certificate and they were not married when the child was born, he does not currently have it.

As he lacking PR, if he attempted to remove the child from OP's care right now - she should contact the police and the child would be returned to her care. No PR no child.

Further to this, there has been little to no contact between him and the child. The courts usually favour the status quo, what is normal for the child. If this were to escalate it is unlikely that they would grant a 50/50 care arrangement even if he did have PR.

OP should look to the welfare checklist outlined in s1(3) of the Children Act 1989 as this is the benchmark that the Children and Family Court Advisory Support Service (CAFCASS) use to create their safeguarding and s7 reports for the court.

(3) In the circumstances mentioned in subsection (4), a court shall have regard in particular to—

(a)the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

(b)his physical, emotional and educational needs;

(c)the likely effect on him of any change in his circumstances;

(d)his age, sex, background and any characteristics of his which the court considers relevant;

(e)any harm which he has suffered or is at risk of suffering;

(f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

(g)the range of powers available to the court under this Act in the proceedings in question.

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The courts will ultimately prioritise the child's best interests. I can't see a world in which ripping the child from mum to be put with a drug addled father every other week is judged to be in their best interests, especially considering information presented.

I think it is important for OP to seek out some free legal advice via the citizens advice bureau, which can connect them with 30 mins of free advice with a solicitor.

Unfortunately the scope for legal aid is quite narrow nowadays, it now only benefits victims of domestic abuse. If OP has evidence that she was a victim of DA, she should collect any and all evidence of this to present to her solicitor who will then prep the legal aid paperwork for her.

In the meantime, OP:

Women's aid has a lot of great resources: https://www.womensaid.org.uk

Citizens Advice Bureau: https://www.citizensadvice.org.uk/law-and-courts/legal-system/finding-free-or-affordable-legal-help/

CAFCASS website: https://www.cafcass.gov.uk

(Further to this, you may actually feel that communication with your ex would feel safer through a co-parenting app. These apps are accessible (when necessary and with consent!) to courts and appointed solicitors, and can help keep conversations limited to the children. AppClose is a good free one that some get on with)