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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 friend's ex-husband has had custody of her 14 year-old daughter

Resolved Question:

My friend's ex-husband has had custody of her 14 year-old daughter for the past 10 years and no longer has a female partner living with him, although the infant daughter of that lady also lives in his household; does my friend's daughter have the right to request that her mother (with whom she has had regular contact) should now have custody?
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.
Who does the child wish to live with?
Is there any reason why she would be at risk with her mother?
Clare
Customer: replied 2 years ago.
Dear Clare,
Please note that I am writing without the knowledge of C's mother (J) and this response is to the best of my knowledge.
The father (F) was awarded custody following the separation and, at that time, I believe that J was drinking heavily and did not have a fixed home, having left F because of his domestic violence.
J and I are now in a stable relationship (although not living permanently together) and F lives with his two daughters (14 and 6[?]), the latter by a second partner, who has also recently left him.
J (who now has a two-bedroom maisonette in Croydon) sees very little of C, who lives with F in Hastings. Since I came on the scene several months ago, F seems to be putting obstacles (such as "baby-sitting [her] sister") in the way of C visiting J, who probably doesn't want permanent custody, since C is happy at her school and with her friends.
I understand that F is, however, in breach of his obligation to fund J's travel to visit C at the weekend and we would like clarity on the initial question I raised, since C may decide that she would prefer life with us in the future.
Kind regards,
Andrew Burr
www.atkinchambers.com [Construction Law!]
Customer: replied 2 years ago.
PS I should have answered your two specific questions:
1. Probably F for the moment, but we would like to know her rights;
2. None whatsoever, as far as I am aware.
Expert:  Clare replied 2 years ago.
Hi
That is very helpful.
What does the Order say about the ocntact the child should be having with mum?
Clare
Customer: replied 2 years ago.
Dear Clare,I haven't seen the order, but believe that, each weekend, either C was to visit J in Croydon, or J would go to Hastings at F's expense to visit her daughter; F hasn't paid a penny for years.J is a very proud Mum (and has two adult sons in Thailand).Kind regards,Andrew
Expert:  Clare replied 2 years ago.
Hi
Ok
What ocntact is she actually having?
Clare
Customer: replied 2 years ago.
Very infrequent (once a month) visits to her Mum in London
Expert:  Clare replied 2 years ago.
Hi
Does the daughter want to have more contact with the mother?
The fact is that at 14 it is the wishes of the child that determine where she lives and what contact she has with either parent.
Accordingly IF she wanted to move to live with mum she can do so - and if she wishes to have more contact with mum then equally she can do so
I hope that this is of assistance - please ask if you need further details
Clare
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