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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My 8year old stepdaughter told me and my husband (the childs

Customer Question

My 8year old stepdaughter told me and my husband (the childs father) tonight that she wants to come and live with us as she doesnt want to be at home anymore because her stepfather is always horrible to her and hits her if she is naughty. Where do we stand with this as we would love to have her here but her mother would never willingly allow this. What steps would we need to take?
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

In theory, your partner as the child's father could apply for a child arrangements order under section 8 of the Children Act 1989, asking the court to order that his daughter live with him - but the court is very reluctant indeed to change a child's residence unless there are very strong reasons indeed. The wishes of an 8 year old child would not be a strong enough reason. The court decides all issues concerning a child on what is best for the welfare of that child. If your partner truly felt that the welfare of his child was so bad being cared for by her mother and stepfather, then he should apply to court. The court would order a welfare report to look into the situation in detail. The court case would take several months. The court form needed is a C100, here:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf

The court now requires the parties to have attempted mediation before it will consider an application to court. Here's where to find a local family mediation service:

http://www.familymediationcouncil.org.uk/find-local-mediator/

I think your partner would also benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor:-

http://www.resolution.org.uk/findamember/

Instead of, or in addtion to, making an application to court, your partner could consider contacting social servvices, if he believes that his daughter is being mistreated in her mother's care.

I hope this helps and I wish you the best of luck.


Thanks and best wishes...