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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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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who can overturn a residency court order on my child

Resolved Question:

who can overturn a residency court order on my child
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Do you mean who can apply or who can actually do it?
Could you explain a little more about the background?
Clare
Customer: replied 2 years ago.

the father of the child has parental responsibility by the courts. there is also a court order for residency with her grandparents but the child currently lives with her mother who is now refusing to let the father see his daughter proven by DNA to be his. he supports his daughter and up till now has had regular access

Expert:  Clare replied 2 years ago.
Hi
How old is the child and how long has she lived with her mother rather than the grandparents?
Why has contact been stopped?
Clare
Customer: replied 2 years ago.

the child has been living with her mother permanently for the last 2 years with the approval of social services and she is 5 years old

Expert:  Clare replied 2 years ago.
Hi
Do you have a Contact Order?
Why has the mother refused contact?
Clare
Customer: replied 2 years ago.

There was no official contact order, just a legal document saying the father has parental responsibility. The mother hasn't given a specific reason for refusing contact and refuses to discuss. She did say he didn't see enough of his daughter, when he in fact sees her every weekend, sometimes just for the one day but quite frequently overnight too. The father bends over backwards to meet the mothers demands for money and usually accompanies her with his daughter to appointments at schools or hospital. In fact whatever she demands he gives. He also has the daughter for longer stays during school holidays. At the moment CSA are not involved.

Expert:  Clare replied 2 years ago.
Hi
When did he last see the child and what is the concern over the Residence Order?
Clare
Customer: replied 2 years ago.

The weekend before last. As the mother refuses to discuss he doesn't know what the issue is concerning the residency order...however,he did text her again this afternoon telling her that he was seeking legal advice and she texted back to say they need to talk! So maybe we should leave it for the moment to see if they can come to an agreement. Thank you for listening so far.

Expert:  Clare replied 2 years ago.
Hi
The Residence Order is not relevant to the issue as it appears that it became irrelevant some years ago.
The law says that a child is entitled to regular contact with both parents and the courts will enforce this if necessary.
If the mother will not agree to a proper contact pattern then he will need to apply to the court for a defined contact order
More details here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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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