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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2789
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Recently split from fiancé, I have my daughter every week

Customer Question

Recently split from fiancé, I have my daughter every week for 2 nights, found out my ex is leaving the country for 7 weeks and leaving our daughter with her parents, I need to know my rights and if I can have my daughter for all the time that she is abroard, is there such a thing as joint custody and do the grand parents have rights. Paul.
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:

-Are you and the child in England or Wales?

-How old is your child?

-Are there any court orders in place, if so what?

Customer: replied 1 year ago.
Hi Harris we are in England and she is 2year and 3 months old and no there isn't ain't court orders in place.
Expert:  Harris replied 1 year ago.

Thank you for confirming. Is your name on the birth certificate as the father?

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.

Customer: replied 1 year ago.
my name is ***** ***** birth certificate
Expert:  Harris replied 1 year ago.

Thanks for confirming. As you have parental responsibility and you are the father, it would be expected that the children should be with you whilst the mother is not in the country. Grandparents have no automatic rights to contact and arrangements with their grandchildren and you have a right to oppose the 7 week placement with them if you are able to take over care during this time.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. 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.

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