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Ask Harris Your Own Question

Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1751
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been a resident parent with full responsibility and

Customer Question

I have been a resident parent with full responsibility and commitment of day to day , week to week , child commitments for the last 4 years. The non resident parent has been to one school event in the last 4 years even though he has known about them and has access to same information , he has been happy to just pick the good things take them for a few hours drop them home occasionally and occasional overnight trip , he doesn't call the children routinely not involved in there day to day life , when he sees them he will say how has your week been and you know where I am if you want to call me. He is very whimsical in his ways.
My question to you is after 4 years of the kids primarily being used to me providing all there day to day routine stability could be contest this ? Could he disrupt what they are used to and disrupt there stability ?
Submitted: 4 months ago.
Category: Family Law
Expert:  Harris replied 4 months ago.

Hi, thank you for your question. Please confirm how old the children are and if there are any court orders in place regarding them, if so the terms?

Customer: replied 4 months ago.
11 , 7 , 5 my Youngest has a disability also and no court orders
Expert:  Harris replied 4 months ago.

Thanks for confirming. As the arrangements have been for the children to be in your care it will be difficult for him to attempt to disrupt or change these arrangements unless there are child protection concerns or if he is unable to show your care of the children is not adequate. In any event, if he attempts to disrupt the arrangements you would be entitled to apply to court for a child arrangement order (for residence) to stabilise the arrangements.

This can be done 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

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