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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi my name is XXXXX XXXXX months ago me and my partner split

Resolved Question:

Hi my name is XXXXX XXXXX months ago me and my partner split up, we were never married his name is XXXXX XXXXX my daughters birth certificate, he tricked my into giving him PR ( he booked a holiday ). He is now taking me for residency, from the moment we split up he has made things difficult, he has called social services on me trying make out I'm unfit,( social services report came back saying both my children were better of living with me) he is now demanding my daughter 3 nights a week I feel like I was bullied while I was with him and he's still doing it now, what can I do? What rights do I have? Thanks for reading. Catherine
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What contact is your daughter having with her father at the moment?
What contact would she like to have?
Clare
Customer: replied 3 years ago.

Hi at the moment he is demanding she go 2 days after school for 2half hours ( Tue and wed) then stay over night Thur and Fri and also sunday. Kris says she doesn't want spend that much time there, she says that every time she goes he tries keep her against her will, I informed my social worker and she said to cut contact, Ian is not allowing this because he says he has rights. What do I do?

Expert:  Clare replied 3 years ago.
Hi
What contact does she actually want.?
Clare
Customer: replied 3 years ago.

Hi she says she would b happy to see her dad once a week and stay over, she says she doesn't want go after school everyday.

Expert:  Clare replied 3 years ago.
Hi
When is the first court hearing?
Clare
Customer: replied 3 years ago.

I don't no, Ian keeps telling me his solicitor has told him all this, an what he can do,like keep her at his house until the court date, but as to yet I have had no mail from his solicitor.

Expert:  Clare replied 3 years ago.
Hi
I thought you said he had applied for a Residence Order?
Has he actually threatened to keep her?
is your daughter now at Secondary School?
How does he force her to go to his house?
Clare
Customer: replied 3 years ago.

Hi, he says he has been to a solicitor and applied for the order. He tried move her stuff from my house to his (he wanted me drop it off) Kris panicked and begged to come home, he said no she started crying after 20 mins he decided let her come home (I was on the phone while all this was going on, then he starts with the nice guy, who wants me tell her to stay) he talked her into going and staying Friday night, on Saturday he phones demanding her passport I said no so he said your not having Kris back, the police were called because Kris wanted come home and he wouldn't let her, the police went into his house and I don't no what was said, but they made me agree to allow her back there on Sunday to spend the night, after everything that had gone on. Sunday I made sure I took her as late as possible, I have since phoned my social worker and expressed my concerns about Ian's access, they have told me to stop it, Ian has been on the phone most of the night trying to tell Kris what to say, Kristin is no fool, she is very angry with her dad at the moment because he wouldn't let her come home. He lives opposite Kristin's high school, I work until 5, I live about 3 miles away from the school, Ian said it was better for her go there, than to come home and have her brother look after her, her brother is 16. He gets Kris to agree, so I have no choice

Expert:  Clare replied 3 years ago.
Hi
Why do you have a Social Worker?
Clare
Customer: replied 3 years ago.

Hi because Ian phoned them, saying I was unfit, and needed to have both children put in care. I have spoke with social worker and so has Kris contact has been stopped until he takes me court. In my opinion Ian is mental, everything he has ever done has been because he can't have his own way. What rights did I give him by giving him PR? Can I get PR removed?

Expert:  Clare replied 3 years ago.
Hi
Parental Responsibility simply gives him the right to be involved in all major decisions relating to your daughter - where she goes to school etc.
It does not give him the right to force her to live with him - or indeed to have any set number of nights.
Since she is 11 the wishes of your daughter will be important in deciding what contact there should be - Alternate weekends plus one night a week (IF that is what she wants) would certainly be reasonable - but there is no need for her to go there after school every night - nor can she be forced to do so
Please do not worry about the PR - you have not given him any real power at all
You can find a lot of information on this site
http://theparentconnection.org.uk/
Please ask if you need further details
Clare
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