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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My 13 year old daughter lives with her mother at present. She

Customer Question

My 13 year old daughter lives with her mother at present. She has wanted to live back with me (her biological dad) for a long time (at least 6 months). We have been separated for 5 years and divorced for 2.5 years. Our eldest daughter has always lived with me (she is 17 years old). Mother has been an alcoholic for 6 years and was convicted of assault on a minor (my 17 year old daughter) 5 years ago. At the time my 13 year old chose to stay with her mother. 4.5 years ago, my wife and 13 year old moved 80 miles away to relocate. My ex wife's drinking has never ceased and she regularly gets in intoxicated states, leaving my 13 year old unsupervised and sometimes verbally abuses her.
What action can I take to get my 13 year old to live back with me and her older sister ASAP, as this is her wish.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Initially I would suggest you attempt to agree this with the mother directly, and make a referral to an independent mediator, you can find local mediators here: http://www.familymediationcouncil.org.uk/ If mediation does not settle the matter you will then be able to make an application to court for a child arrangement order for your youngest daughter to live with you, under form C100, C1A (regarding the concerns) and a £215 court fee to your local family court. The court will take into account the following criteria when deciding whether to grant such an order:
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
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I have been a family lawyer for more than 30 years.Whilst my colleagues answer is procedurally correct always remember that if you believe that the child may be at risk where she is( and the past history suggests that she may well be)then you can and should approach Social Services and ask for assistance.I appreciate that inviting them into your life is rarely a pleasant experience - but it would mean a swift change of home if they assess the child as being at riskClare
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please rate my response positively if you found it helpful - I will not be credited for answering this question without a positive rating. Thank you!