Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are there any court orders in place - if so what are the terms?
-Has there been any history of domestic violence, social services or police involvement, if so what and when?
Thanks for confirming. Firstly, as there is a court order in place this must be complied with. However, given the concerns you have raised you would have merits to pursue an application to vary the current order and seek for your daughter to be placed with you as the main carer.
Unless there is immediate urgency, this must initially be attempted through mediation and 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 child'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 to vary the 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 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
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