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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
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 ex partner is refusing to bring me daughter home to me...she

Customer Question

My ex partner is refusing to bring me daughter home to me...she lives full time with me and has for 6years...hes has been abusive to me in the past..(domestic violence)...he has made things very difficult iver the 6years to even see her regulaly...out of the blue and hes just startd a new relationship he suddenly wants my daughter to live there iv said no to this and didnt want him causing disruption so now hes just keeping her there...we both have parental responsibility but do not have any orders in place...my daughter is 8 and should have been brought back friday...she has school on mon which so far hes refusing to take her to school aswell.
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.
has she been sent to school today?
Clare
Customer: replied 2 years ago.

No he did not take her to school. He did tx to say he would but he did not take her

Expert:  Clare replied 2 years ago.
Hi
Was the Domestic Violence ever reported?
Clare
Customer: replied 2 years ago.

It was7/ 8/9yrs ago...he was arrested once but No further action...also several times the police was called by myself and came out to the address. I dont know if these are all recorded. I dont have an address for him. ive been reading permission for a court order etc...would me not having his address mean im exempt from mediation. I am worried fand concerned for my daughter as he often picks any scabs or pimples till shes distressed or puts his fingers through he hair which may be knotty and she doesnt like this.

Expert:  Clare replied 2 years ago.
Hi
You need to complete a Form C100
You are exempt from the Mediation point since you do not have his address - AND it is a matter of Urgency since the child is not being sent to school.
The form is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
and you are asking for a Specific Issue order stating that the child is returned to you and a Prohibited Steps Order to prevent the Child being removed form your care until the final Child Arrangements have been made.
If you can get a letter from school confirming that she is not in school today either then the Court MAY be willing to make an emergency Order today - if not they are likely to list a hearing date on Thursday or Friday.
In the mean time you can ask the police to check that the child is safe and well
Please let me know what further help I can give
Clare
Customer: replied 2 years ago.

Thankyou i have just had a meeting at school and are offering their full support...she has not been sent into school again. I will be proceeding with a court order

Expert:  Clare replied 2 years ago.
Hi
Good - let me know if you need more details
Clare

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