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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner and i have just split up we have a 5 year old daughter

Customer Question

my partner and i have just split up we have a 5 year old daughter together and she has just up sticks and moved 350 miles away from me it is an*****for to go and see my daughter is there anything i can do about it?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Are you named on your daughter's birth certificate or were you married to the mother at the time of birth?
If you are, then you have parental responsibility and she would need you consent to relocate with your daughter.
In the circumstances, you will be able to pursue an application for a specific issue order under form C100 to your local family court for your daughter to return to Hertfordshire. The court will look at all the facts of the case and make a decision on whether it is in your daughter's best interests to live in Hertfordshire or her new area.
Please let me know if you have any further questions regarding this.
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Many thanks for your swift reply - would i get the form from the court? or will i need to go to a solicitor, i am not married to her but i have been living with her for the last 7 years and we both signed the birth certificate.
How long does this process take - at the moment i do not have the new address.
Expert:  Harris replied 1 year ago.
You can get the form here:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
There is also a £215 court fee tonpay and you should take 3 copies to court and issue it on an urgent basis in person, given that the relocation has just happened. At the same time you could also make an application for a child arrangement order to have contact decided by the court.
You would need to obtain her address as she needs to be served with the application.
Customer: replied 1 year ago.
This is really helpful thank you.Do i not need to go to mediation as citizans advise said that i could not go to court for visititation rights until i had done this?
It is rather complicated as she has mental health issues and seems to think that everything has to revolve around her. I am in the process of trying to find out an address at the moment
Expert:  Harris replied 1 year ago.
As this matter is urgent, you do not need to go through mediation - on page 15 of the C100 you need to tick urgent, and on page 17 you need to select one of the urgency criteria - for you it would most likely be either hardship or irretrievable problems (ie. your ex-partner may attempt to settle your daughter in a new school).
Customer: replied 1 year ago.
Thanks for your help i am in the process of finding the form now and will complete it and take it to our local county court on Monday morning.
She has 2 boys that live with their father as the court decided that they were better with their dad rather than with her i realise that our circumstances are not the same as we have a daughter but if i did try to go for full custody what sort of chances would i stand?
Expert:  Harris replied 1 year ago.
Please ensure you take three copies of the completed form as the court charge for copying is high.
When making a decision, both in relation to a specific issue order or a child arrangement order (whether for a child to live with a parent or to see them), the court look at the following criteria when making a decision:
1.The wishes and feelings of the child concerned
2.The child’s physical, emotional and educational needs
3.The likely effect on the child if circumstances changed as a result of the courts decision
4.The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5.Any harm the child has suffered or may be at risk of suffering
6.Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7.The powers available to the court in the given proceedings
It is difficult to confirm what your chances are of having an order for your daughter to live with you without detailed confirmation of both of your circumstances - but if you believe that you are capable of providing her with the care needs she requires and that her needs would be better met in your care, then this should be pursued.
Customer: replied 1 year ago.
If i pursue this should i do this now or wait until we have sorted out this bit first?
Expert:  Harris replied 1 year ago.
I think you should pursue it at the same time, as the specific issue order will deal with returning your daughter to Hertfordshire and the child arrangement order will deal with who she lives with. The C100 and one court fee of £215 will deal with both of them.
Customer: replied 1 year ago.
Ok thanks - i am assuming that if i go for custody and dont get it then they will deal with visiting rights at that time is this correct ? I would just like to say that you have been very helpful thank you i am really concerned about my daughter but you have put my mind at rest that at least i can hopefully do something about all this.
Expert:  Harris replied 1 year ago.
Thank you - yes, if child arrangement for your daughter to live with you is not agreed by the court, then you should be pursuing an order for regular contact.
I hope it goes well - please do come back if you have further questions - you can ask me directly by asking for Harris in future questions.
Customer: replied 1 year ago.
Sorry i do have one last question do i need to write a letter or anything to go with these papers for the court saying why i think my daughter will be better living with me or will that all happen when a date is set for the hearing?
How long normally will it take for the hearing to be set once i hand in the papers.
thanks
Expert:  Harris replied 1 year ago.
No need to write a letter as there is a section in the C100 to provide a brief outline of the application. The court will likely ask for a more detailed statement later on in the proceedings.
As the matter is urgent you can request for it to be heard without notice and to go before the judge on the day of attendance at the court. Once issued you will need to wait at the court to be called in by the judge to briefly explain the reasons for submitting the urgent application and the judge will make directions for next steps.
Customer: replied 1 year ago.
thanks very much for you help today
Expert:  Harris replied 1 year ago.
You're welcome, hope it goes well
Customer: replied 1 year ago.
Hi Harris,
Things have changed slightly over the weekend, i had completed the forms saying that it was a matter of urgency because the mother had taken away my daughter and was staying that she was not returning. She has returned over the weekend without my daughter and has refused to give me the address of where my daughter is. My mother has spoken to her this afternoon and she has agree to come back to hertfordshire on Tuesday. Does this now mean that i cannot make the urgency application - could it still be an urgent matter if i asked for custody of my daughter or will i now have to go down the mediation route. I am concerned as the mother is not rational and does have metal health issues she could return on Tuesday and go again a couple of days later
Expert:  Harris replied 1 year ago.
Thanks for the update - I think you should still pursue the application tomorrow in the event that she does not return on Tuesday, and you will at least start the process regarding the child arrangement order application to pursue stability.
You will need to outline the development in the application and that you are not aware of your daughter's whereabouts and safety - who has been looking after her over the weekend?
Customer: replied 1 year ago.
thanks for that she has sent a text with a copy of the train ticket as she has told so many lies that i have difficulty in believing anything she tells me anymore, I have completed the following sections on the forms is there any others that i must or need to complete, page one nature of application and has asked for my daughter to be returned to hertfordshire asap so that she can attend school, also for full custody /visiting rights. Ticked urgent hearing without notice, and then completed 4a
Completed 1 The child and page 3, section 8,9,10,ticked urgent as you advised on page 15, and completed 13c should i now just write on the forms that she is saying that she will return with my daughter on Tuesday but that i would still like this to be dealt with as she could change her mind before then and not return. thanks
Expert:  Harris replied 1 year ago.
Yes, seems about right. Ensure that on page 5, section 3b you include that your daughter was left with persons and location unknown whilst mother returned to Hertfordshire over the weekend, and refused to disclose these details - as this is further basis to seek an urgent hearing.
Page 21-22 has a checklist to ensure you have completed all the relevant documents.
Customer: replied 1 year ago.
Thanks for your help have adjusted the forms Karl
Customer: replied 1 year ago.
Hi have not been able to serve these papers today as the 2 courts that are the nearest to me do not have a Judge in on Monday or Tuesday i had to go back to work. I have made an appointment to go to Luton court tomorrow and so should be able to serve them then.I have moved back in to my mums house since the break up and she has agreed that my daughter and i can stay with them for as long as we need to would it help my case if my mother applied as a guardianship/joint custody with me - My daugher is very close to my mum as she has her most weekend to stay. thanks
Expert:  Harris replied 1 year ago.
Thanks for the update - I think that would complicate matters as you would need to demonstrate that you are able to care for her yourself. In any event, your mother would need permission from the court to proceed with such an application as she does not have parental responsibility. I would be inclined to suggest that you pursue alone and not with your mother.