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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33304
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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Ive got child 12 and half years old she wants to be with me.

Customer Question

I've got child 12 and half years old she wants to be with me. her father does make living from her and does not give up easy. I told her not to let him now she wants to live with me at these stage. So how I can proceed quick and to be as safe as possible 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.
Are there any existing orders in place and what contact do you have?
Clare
Customer: replied 2 years ago.

Well, judge give to him full custody though she had not any proof that he’s father, or hi's capable of being father, so i was against categorically child being near him not alone live with him. they ask me to provide status, report from doctor, they did not let me even have contact, despite the fact that I provided GP report my blood result that i am perfectly well mentally and physically. She just wanted me to provide her with something that’s wrong with me. I tried to hire independent social worker, she did not allow that. I wasted money and time. Now, child is big enough and could tell through what hell she’s gone, however I wouldn't like to put child in that position. This is how that judge though of child welfare and safety to live with drunken father and on benefits. I wouldn’t like to go deeper; all I want at the moment is my child and she’s old enough now to decide with whom to be.

 

N.B. he had a child with previous girfriend he did not want to know about that child just because maintenace, so he never put his name down that he is the father, otherwise had to pay £50 a month for that child !!!!!!!!!!!!!!!!!

 

thank you

Expert:  Clare replied 2 years ago.
Hi
When was that Order made?
Clare
Customer: replied 2 years ago.


court proceeding did take place from July 2004 to Jun 2005 then I went to court of justice they said judge does not lies suppose, but as i had no status i was just wasting money and time, and so forth, in 200, for contact, 2008 again, I event went on line on 2010 and now is different I can go through court from my country if necessary. Everything is pure lie, Thats way i said I donot want to go back to waste my time, not know, again simply child is old enough to decide with who wants to live

Expert:  Clare replied 2 years ago.
Hi
Sorry for clarity - your child has lived with her father since 2004?
What contact have you had?
Just to check - do you live in the UK?
Clare
Customer: replied 2 years ago.


I live with them at the moment because i wanted to see how my child lived and is living and i do live in the uk

Expert:  Clare replied 2 years ago.
Hi
How long have you all been living together?
Clare
Customer: replied 2 years ago.


well nearly a year, but as far as i am concern law is law and my question was time scale and quiqest way i can go for cutody on behalf of the child as child is nearly 13teen

Expert:  Clare replied 2 years ago.
Hi
It is not that straightforward as the court looks at a number of different issues.
however just for clarity will you be remaining in the UK with the child and will you be able to find suitable accommodation?
Clare
Customer: replied 2 years ago.


Yeah, I live here and accomodation is not problem

Expert:  Clare replied 2 years ago.
Hi
I have to ask I am afraid - do you have any problems with drink or drugs?
Clare
Customer: replied 2 years ago.


No, I never consumed it.

Expert:  Clare replied 2 years ago.
Hi
So was your ex given the care of the child (this is important in terms of ensuring the right outcome for you!)
Clare
Customer: replied 2 years ago.


Yes, he's got custody

Expert:  Clare replied 2 years ago.
Hi
Why did that happen - what reason did the court give for doing that?
Clare
Customer: replied 2 years ago.


Well, I'm afraid you're not answering my question, once more I am asking and if I haven't got an answer to my question I will ask for refund.


 


SO, MY QUESTION WAS TIMESCALE TO APPLY FOR CUSTODY ON CHILDS BEHALF, STEPS OF QUICKEST WAY TO APPLY.


 


 

Expert:  Clare replied 2 years ago.
Hi
Without knowing what the original problem is - why the child was placed with your ex - I cannot assess how this will effect a fresh application - or even if it will.
If I cannot assess that I cannot give you a meaningful reply - just a vague generalisation
On average a contested application can take between three and nine months depending on whether or not there are serious Safe guarding issues involved
Whilst at 12 nearly 13 the wishes of the child will be seen as being of great importance if there are serious safe guarding issues involved the court are still not likely to follow them
Please ask if you would like further details
Clare

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