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Hi, thank you for your question. Just a bit more information required to fully assist you:
-What have the arrangements been prior to this move?
-When does she turn 16?
-Are there any court orders in place?
-How far away from you are they now living?
Thank you. What has happened to her schooling as she should now be in GCSEs?
Was there a parental responsibility agreement in place? Do you have parental responsibility?
Thank you, ***** ***** case you will not have parental responsibility and she does not legally need your consent or to consult you about such a move. However, given that it is going to impact you significantly it would have been sensible for her to discuss this with you.
In the circumstances, you would be able to urgently apply to court - initially for permission to apply (for a child arrangement order) and if permission is granted, to proceed with the child arrangement order application for her to live with you. The applications are a C1 and C100 respectively and the fees are £155 and £215 and both can be submitted simultaneously to her local family court. In relation to the leave to apply application, you will need to demonstrate your continued and significant relationship with your daughter.
When deciding on the actual child arrangement order, the court looks at the following criteria:
the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf 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