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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter is 8 this month and lives with her mother, i

Customer Question

my daughter is 8 this month and lives with her mother, i collect her every other weekend and have her for half of all school holidays, we as parents have 50 50 custody, my daughter is so unhappy living at her mothers,and would like to live with me but her mother will ot allow this what can i do
Submitted: 4 months ago.
Category: Family Law
Expert:  Harris replied 4 months ago.

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?

Customer: replied 4 months ago.
Hi court order in place that Hannah lives w her mother, and sees me every other week end and i have her for half of all school holidays, mother and grandmother have previously smacked Hannah,but when questioned by social services Hannah answered their questions how her mother had told her to, social services and police involved but that was over 18 months ago, we went to court January 2015, Hannah is under alot of pressure they constantly mentally bully her, she is so far behind at school because her mother does not do her homework with her, i have tried working with the school, but they do not answer my questions or email the homework to me that i have requested so that i can help Hannah, she lives in Birmingham and i live in Surrey, i am the one that collects and takes Hannah home, she is with me for another week and is asking me not to take her back as she is so unhappy, she doesnt sleep in her own bed, hasnt for over a year, she sleeps in her mothers bed
Expert:  Harris replied 4 months ago.

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 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 4 months 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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