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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter of 10 has decided to live with me full time as

Customer Question

Hi there.
My daughter of 10 has decided to live with me full time as life with her mom and her disability have become too much for her as she feels she's asked to do too much in regards ***** ***** mothers care. Mother is completely against it and demands her back which has done nothing but worsen the situation. There is a child contact order in place but no residency, I have parental responsibility for my daughter also. School is an issue however as her mom and I live in different areas (I live in West Bromwich and her mother resides in Birmingham) my daughter is willing to change school but without mothers consent it may be a problem. It may be worth stated that I have another daughter living with me full time as I'm her full time carer (she is diagnosed ASD). I feel the next step would be applying for a residency order as any attempts to reconcile with her mother, results in my 10 year old emotionally distraught as she refuses to return to her mom. I don't want to force her to go back but at the same time I want to follow the appropriate procedures of court. Please help.
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-What are the exact terms of the current order in place?

-When was the order made?

-Is it a final order?

Customer: replied 1 year ago.
No problem.The order is as follows:
The mother is to make my daughter available alternative weekends Friday 5:00 until Sunday 5:00
Half school holidays
Contact on special occasions
Alternative Christmas Eve to Christmas Day (times to be agreed)
Further contact to be agreed between partiesThis final order was made 4th April 2013Thank you
Expert:  Harris replied 1 year ago.

Thank you. In the circumstances I would suggest that you make an urgent application to court under Form C100 together with a £215 court fee to your local family court to vary the order as at this time there is no provision for her to live with you. The court can make a decision regarding the matter that is in your daughter's best interests and will take into account her views, but due to her age her views will not take precdence. For your information the Court will take into consideration the following when making a decision regarding the application:

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

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.