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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
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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my daughter is 17 and has been living with her father since

Customer Question

my daughter is 17 and has been living with her father since we split in 2001. she has now decided to come and live with me due to a lot of issues at home but her dad is refusing to let her take any of her belongings. what can she do to get her things from the family home?
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.
Does she still have a key?
Clare
Customer: replied 3 years ago.

Yes. She went to get her stuff on friday and the police were there to assist but because her dad had a heart op recently they were unwilling to force the issue in case he had a heart attack or something similar.

Expert:  Clare replied 3 years ago.
Hi
Does your ex ever go out?
Clare
Customer: replied 3 years ago.

Not at the moment. I also live 200 miles away from him

Expert:  Clare replied 3 years ago.
Hi
I shall assume that you are no longer a joint owner of the house - do let me know if that is wrong
The only way forward in law is for you to sue your ex on behalf of your daughter for the value of all her goods
I appreciate that this is not what you want - but it is the only legal route and hopefully the threat of having to pay out a large sum of money will help your ex see sense.
You must write a forma letter first detailing the belongings and what they are worth and saying that Court Action will be issued if need be
Alternatively if you still wish to be conciliatory then you can try and negotiate with him using Family mediation (www.familymediationhelpline.co.uk) although the distance involved may make that unrealistic - although if he agreed to attend he would of course have to leave the house
I hope that this is of some assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you for that. The items involved are mainly her clothes and certificates/momentos of things that have happened since she was born. How do you put a price on that? There are also photos etc on her laptop that she can't replace

Expert:  Clare replied 3 years ago.
Hi
I do understand what you say - but the law is a very very blunt instrument and this is the only legal way forward and mediation MAY be an alternative option
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

sorry to ask again but if my daughter was to go through small claims court to try and get her stuff (or sue her dad for the value) would she be eligible for fee remission as she is only 17 and has no income?

Expert:  Clare replied 3 years ago.
Hi
yes she would - but you have to issue on her behalf as she is under 18
Clare