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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have just split from my partner of five years whom I have

Customer Question

I have just split from my partner of five years whom I have a three year old daughter with
She already had a son from a previous relationship who is seven and we get on famously
She has now decided to get back with his father who has a background of hitting him and verbally abusing him and has no idea of how to be a stable father figure
My ex partner is now having him stay over at her house and I am concerned that my daughter might end up in his firing line at some point
What are my next steps to protect my daughter from this happening
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. What will the exact arrangements be for your daughter? Was there any police or social services involvement regarding the father, if so when and what was the involvement?

Customer: replied 1 year ago.
No police intervention was made as the mother did not want it
I just want my daughter protected
If I need to take custody of her I will
Is a restraining order an option
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly, your daughter has a right to a relationship with both of you after separation and this can only be reasonably restricted if there are child protection concerns. Given the concerns you have raised, it is reasonable for you to have some discussions with your ex-partner about the arrangements in which your daughter, at least initially, does not have contact with the man, and once there is evidence that there are no child protection concerns and it is in your daughter's interests, for him to be introduced to her.

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 your daughter'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 (for residence) 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.