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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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I have a joint residency order for my daughter who is 11 years

Resolved Question:

I have a joint residency order for my daughter who is 11 years old. she is staying with her farther and he is making her stay there - manipulation. if I go for an enforcement order -how long does that take and will it change the current situation?
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.
How is her care meant to be shared between them?
Clare
Customer: replied 2 years ago.

the order was made in 2011 a framework for both parents to agree to.

It was 50/50 during term time 70/30 holidays due to fathers works.

Now he is manipulating my daughter to stay with him full time and abducted her from my property on the 22nd of October when I went locally to the doctors.

Expert:  Clare replied 2 years ago.
Hi
When did you last speak to your daughter?
Clare
Customer: replied 2 years ago.

she came up on Sunday just gone with her Dad and took a box of cuddley's with her. She said she wanted to live with her Dad and that she was frightened of me. Claire I'm now in bits as to what to do.

She doesn't want to see me anymore and her Dad doesn't help.

Expert:  Clare replied 2 years ago.
Hi
Did anything happen to cause this - and did you see your daughter on your own?
Clare
Customer: replied 2 years ago.

No, she was with her father,

Expert:  Clare replied 2 years ago.
Hi
Have you spoken to her school at all?
Clare
Customer: replied 2 years ago.

Yes - but they don't want to get involved, there only concern is her education.

Expert:  Clare replied 2 years ago.
Hi
Is she actually attending school and happy there?
Is there a Counsellor there who could talk to her?
Clare
Customer: replied 2 years ago.

Yes - once a week a counsellor comes into school.

I am speaking to the school again on Monday.

Expert:  Clare replied 2 years ago.
Hi
As a starting point ask the counsellor to speak to your daughter so that un a safe and neutral environment she can be honest about what she wants in terms of sharing her time between you and her father
Rather than simply trying to enforce the Order made three years ago it would be sensible to first attend Family mediation with a mediator trained to work with young people so that your daughter's views can form part of the discussions.
If mediation fails then you can either apply to the courts for the old order to be enforced using a form C79 available here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2151/C79_1108.pdf
or apply for a new order using the form here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you