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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughters mother has moved my daughter to her

Resolved Question:

My daughters mother has moved my daughter to her grandparents,me and daughter are not happy.my daughter is 15 and I wasn't married to her mother,do I have any legal rights for my daughter to live with me? How long would a process take if went to court?
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 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?

Customer: replied 1 year ago.
I only found out off my daughter crying a couple of hours before she was picked up.She turns 16 March next year.There are no court orders and I have seen her every weekend of her life and always paid my csa. I live in Denton Manchester and the grandparents live in Barnetby in Lincolnshire so it's a fair distance.
Expert:  Harris replied 1 year ago.

Thank you. What has happened to her schooling as she should now be in GCSEs?

Customer: replied 1 year ago.
She will be doing her GCSE's next year in a different school. In Lincolnshire but I would like her to come and live with me and finish her GCSE's near me
Expert:  Harris replied 1 year ago.

Was there a parental responsibility agreement in place? Do you have parental responsibility?

Customer: replied 1 year ago.
Legally No agreement was in place
Expert:  Harris replied 1 year ago.

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 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

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