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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 daughter left her 5 month baby with his dad

Resolved Question:

my daughter left her 5 month baby with his dad for contact and was meant to pick him up at 8 p.m she had a drink and fell asleep when she woke she phoned the dad and told him she had to go to hospital as she hurt her knee my we took all food and the rest of his needs to the dad,when she went back the next day he refused to give him back social services wont help as he on birth certificate so equal parental responsibility she still holds his health records and birth certificate and also still holds finances and as been giving the money to dad weekly can she apply for a residence order
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Before providing you with a full answer please confirm if she and the father are in England or Wales?
Customer: replied 1 year ago.
we are all welsh and live in wales thanks
Expert:  Harris replied 1 year ago.
Thank you for confirming.-What was their previous arrangement (was it agreed that she is the main carer and what level of contact was he to have?)-What are his reasons for not returning him?
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for more than 30 years.The law is clear that a child needs to have close contact with both parents and the courts will enforce this if necessaryYour daughter can certainly apply to the Court for a Family Arrangement Order (new name for the orders) stating that the child lives with her, but given the circumstances that led to the child being in the care of the father she may face some problems.It might be more realistic for her to apply for an arrangement which allows for shared care.The starting point is for your daughter to try and discuss matters with the father using Family mediationwww.familymediationcouncil.org.ukIf that is not successful then she can apply to the court using a form C100However the reference to her having had a drink and the fact that she lied about the hospital will need to be fully exploredShe may find this website helpfulhttp://theparentconnection.org.uk/categories/separating/content_types/children-in-the-middlePlease ask if you need further detailsClare
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
Clare and 3 other Family Law Specialists are ready to help you

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