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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 866
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband left myself and our 4 year old, 2 weeks ago. We

Customer Question

My husband left myself and our 4 year old, 2 weeks ago.
We have spoke about visiting etc and he has said what he would like and it is going ok.
However I would like to apply for physical custody ( that she lives with me)
I have not made anything hard for him he is welcome over to see her as much as he wants.
We are her parents so all decisions will still be made together.
I just need to know her routine doesn't change.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question.
I am a Solicitor and will assist you.
I note that you have managed to agree with your husband the time that you will both spend with your daughter. This is commendable and courts do consider that parents should be child focused and agree arrangements.
The Court has a No Order principle which means that the court will not make an order when there is agreement. As there is no dispute then the court will simply not make an order as the court will consider that the order is not required.
If there was a dispute in the future then the first port of call would be to refer the matter to mediation. The court will reject any application for an order unless mediation has been attempted first.
There are lots of mediation services and there will be one local to you. One such national service is www.nfm.org.uk
If matters can't be resolved at mediation then an application could be made at court for a Child Arrangement Order. Send to local family court. Form C100. Fee is £215.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 1 year ago.
please kindly remember to rate positively - your question will not close and I can answer your follow up questions for free

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