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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1920
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can myself and my wife apply joint contact order to see

Customer Question

Can myself and my wife apply for a joint contact order to see my daughter. I need to make arrangements for us both to see her as she is moving away and the mother is being difficult with arrangements
Submitted: 10 months ago.
Category: Family Law
Customer: replied 10 months ago.
The mother dies not want my wife involved, I feel it important my wife Carey's on the relationship with my daughter that she has had for 8 years
Customer: replied 10 months ago.
Sorry I'm mean my wife carrys on a relationship with my daughter and sorry not dies I meant does
Expert:  Harris replied 10 months ago.
Hi, thanks for your question. How old is your daughter and what have the arrangements been so far?Were you married to the mother at time of your daughter's birth, or is your name registered on the birth certificate?Where is the mother moving away to and are you in agreement with the move?
Customer: replied 10 months ago.
Hi my daughter is 9 years old, I was not married to her mother but I am on the birth certificate. Since our separation 8 years ago we have had an amicable arrangement. Currently she lives 30 minutes from me and I pick her up from school every Tuesday and drop her off at 6:30, if it is school holiday I have her the Monday night and Tuesday and drop her of at the same time. I also have her every other weekend on Saturday evening after work till Sunday evening when I drop her off
Customer: replied 10 months ago.
She is moving nearly 300 miles away, I'm not exactly happy she is moving but I know I can not make her decisions
Customer: replied 10 months ago.
What I would like is a legal agreement that allows me and my wife to see my daughter for regular contact
Customer: replied 10 months ago.
I have requested w Skype call to be made once a week for me and my wife to speak to my daughter as she has been used to seeing us each week. The mother has said the contact should only be between me and my daughter not my wife which I no not agree
Expert:  Harris replied 10 months ago.
Thanks for the further information. As you are named on the birth certificate you have parental responsibility and therefore you have a right to be consulted regarding the move and given it is a significant distance it will severely impact your relationship and contact with your daughter. You are entitled to apply to court for a specific issue order, and for the court to make a decision as to whether the move is in your daughter's best interests or not. In the event that you do not agree with pursuing such an application, you can make an application to court for a child arrangement order to spend time with your daughter. As your wife is not the mother and does not have parental responsibility for your daughter, she must submit a separate application - initially for leave from the court to pursue an application for a child arrangement order to spend time with her (spending time includes telephone and skype contact), and if leave is granted (which it should be if she has a longstanding relationship and contact with her), then she will be joined to your application. Prior to submission of an application to court you must first attend a mediation information session (MIAM) to see if mediation is a suitable route to settle this matter. If the mediator does not feel that mediation is suitable, or if mediation fails, then you will be signed off to pursue a court application. This is done under form C100 and a £215 court fee to your local family court (both specific issue order and child arrangement order applications can be applied for on the same form and under one court fee). If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Customer: replied 10 months ago.
I have already tried mediation which did not work, the mother of my child is saying if I request to have her every 5 weekend from Friday night to Sunday night the courts would say it's to many miles to travel
Customer: replied 10 months ago.
She wants me to stay in a hotel up there when I see my daughter though I feel I should decide what I do with my daughter during my time, all her family live near me and I would like her to still be part of that
Expert:  Harris replied 10 months ago.
Her demands are not reasonable and there should be adequate arrangements for you to see your daughter and continue your relationship. 300 miles is a far distance, but the court would not feel that it is too far for her to be with you once every few weekends as you have requested - and such travel arrangements should at least be shared between you given that it is her that is moving away with your daughter. My first inclination is to query whether her move is justified - why is she moving and what will her arrangements be there?
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1920
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
She is moving with he partner of 18 months which my daughter does not like, she does not want to move
Customer: replied 10 months ago.
She has said she will travel on alternative weekend and stay down here but I feel this is to control my time with my daughter so basically I stay up there near her or she's down here near me
Customer: replied 10 months ago.
The mother is moving as her partner has to children there and he wants to be with them
Expert:  Harris replied 10 months ago.
That is not automatic justification to warrant your daughter being uprooted and move 300 miles away. I would seriously consider whether it is in your daughter's best interests and whether you are in a position to take over arrangements to care for your daughter and to pursue a specific issue order.
Customer: replied 10 months ago.
I have always been told that the mother has overall say
Customer: replied 10 months ago.
Because my daughter has always lived with her they may not agree with the daughter being with me
Customer: replied 10 months ago.
I would love my daughter to live with me near her family but I know my ex would not allow that
Customer: replied 10 months ago.
She has made it clear it will always be her and my daughter
Customer: replied 10 months ago.
How would I know if I am in the position to take over care arrangements ?
Customer: replied 10 months ago.
Just so you know it's just me and my wife that live in our home, my daughter has her own bedroom, we have always done all the travelling to collect and pick up my daughter though there has been a few insidenrs were the mother has caused issues collecting her
Customer: replied 10 months ago.
I have my daughter on my days off, so basically it's either I'm working or have her, I have given my daughter all the spare time I have
Customer: replied 10 months ago.
I have also always paid CSA
Customer: replied 10 months ago.
I never took the mother through court regarding contact ect as I never thought she would move away and I was tiring to keep it amicable for my daughter. The move was not discussed with me, I was told by letter by post that they are moving and that the mother had told my daughter before even telling me
Expert:  Harris replied 10 months ago.
Thanks - what you have been told is wrong (sorry to be frank!). Both parents have equal rights and as you have parental responsibility you have a right to be consulted regarding major decisions in her life and upbringing. This move is a major change in her life and she will not have the same relationship and contact with you or her paternal family if she moves away and this is quite significant. If the mother's only reason that she is moving is because of her partner, and that she has no other reason to move, then this may not be in your daughter's interests. The mother is moving 300 miles away for her partner to be with his children which will impact the relationship with your daughter and a court will not see that this is in your daughter's interests. If you are working, then you will have to consider what impact it will have on your work arrangements if she is in your care. If you do decide to contest the move and for your daughter to be placed in your care you should use the form C100 and apply for a specific issue order (regarding the move) and a child arrangement order for your daughter to live with you on the same form. The court will allocate a CAFCASS officer who will interview you, the mother and possibly speak with your daughter, and then make recommendations regarding what is in your daughter's best interests. The court will consider the following criteria when reaching a decision: The wishes and feelings of the child concernedThe child’s physical, emotional and educational needsThe likely effect on the child if circumstances changed as a result of the courts decisionThe child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decisionAny harm the child has suffered or may be at risk of sufferingCapability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needsThe powers available to the court in the given proceedingsIn relation to child maintenance if your daughter is placed in your care then you can apply for the mother to pay you child maintenance based on her gross salary and for any relevant benefits to be transferred to you. If she remains in the mother's care, and they move 300 miles away, you can reduce child maintenance to cover for the costs you have to incur to travel to see her. To be honest, I do not think the move is in your daughter's interests based on the information you have provided and you have good merits to pursue a court application for her to be placed in your care and remain where she is.
Customer: replied 10 months ago.
Could you please confirm what I would need to do if I applied for residence order, what would happen if the mother refused
Customer: replied 10 months ago.
When I say residence I mean the daughter stay with me
Expert:  Harris replied 10 months ago.
Residence is now called a child arrangement order for child to live with you. (contact on the other hand is called a child arrangement order for a child spend time or otherwise have contact with the other person) If the mother refuses then you will both have to file statements outlying the history of the relationship between you and your daughter, what the arrangements have been so far and why you oppose the move and wish for her to live with you. Once all this is ready, and a cafcass officer has given their recommendations, the court can make a decision regarding the matter. The court may also wish to hear evidence from both of you and give you each the opportunity to question each other (or through lawyers if you are represented) regarding the application.
Customer: replied 10 months ago.
Unfortunately I do not have a lot of funds to have an expensive court case so I wouldn't have a lawyer represent me, I wouldn't even no how to fight a statement or there to start.
Customer: replied 10 months ago.
Write
Customer: replied 10 months ago.
Would I include my wife and other family members in my statement.
Expert:  Harris replied 10 months ago.
Yes, as you are in a long-term relationship with her and living with you (and potentially your daughter) she needs to be referred to, as well as all relevant family members your daughter sees and has a relationship with
Customer: replied 10 months ago.
The impact it would have on my daughter not seeing her family regularly, she has been used to a routine and lived in the area are whole life. Both sets of grandparents live here aswell as her uncles, niece and nephew. My wife's family who she has bonded with over the last 8 years
Customer: replied 10 months ago.
Her whole life is here
Customer: replied 10 months ago.
I just wouldn't know how to word it in the correct way
Customer: replied 10 months ago.
The mother would 100% fight me on it
Expert:  Harris replied 10 months ago.
Thanks - it would be expected that the mother would oppose this, but this does not prevent you pursuing the application if it is in your daughter's best interests. If you are unable to afford legal representation you can attempt to seek a local solicitor who can provide you fixed-fee ad-hoc assistance (eg. for portions of work, such as preparation of statements etc). You can check here for local solicitors and narrow it down to family law and children law category - http://solicitors.lawsociety.org.uk/?Pro=True
Customer: replied 10 months ago.
What would happen is the mother then decided not to move as she may realise that the court might be impn my favour
Customer: replied 10 months ago.
In my favour
Expert:  Harris replied 10 months ago.
Then your previous arrangements should remain in place, although you may want to consider pursuing an application for a child arrangement order so that there is a firm arrangement regarding this.

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