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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1940
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter turned 16 on the 31/07/16 and moved in with her

Resolved Question:

My daughter turned 16 on the 31/07/16 and moved in with her dad without my consent. There are court orders in place that state various things and one was for an application for residence by the dad that was dismissed. I know she is at that age where she is old enough to decide what she wants and even though i don't like the choice she has made I can understand it as she thinks the grass is greener on the other side. Do I have any rights?
Submitted: 5 months ago.
Category: Family Law
Expert:  Harris replied 5 months ago.

Hi, thank you for your question. Can you attach the previous final orders here using the paperclip icon?

Customer: replied 5 months ago.
All 4 court orders attached
Expert:  Harris replied 5 months ago.

Thanks - were there any other orders after October 2012?

Customer: replied 5 months ago.
No that was the last one
Expert:  Harris replied 5 months ago.

Thanks for confirming. Unfortunately, given that your daughter is now 16 and there is no residence order in your favour that specifically states she is to live with you until 18, she is free to live with either of you and the family court will not accept any application unless your daughter has issues such as learning difficulties or special needs.

I appreciate that this may not be the answer you would have hoped for, but 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,

Customer: replied 5 months ago.
Thanks for the reply, I was hoping this wasn't the case. Am I entitled by law to have contact with her as I take it I still have parental responsibility until she is 18?
Expert:  Harris replied 5 months ago.

Again, as she is 16 years old and there is no order until 18 regarding contact, it will be for her to decide whether to see you or not.

Parental responsibility does not grant a right for contact - parental responsibility is the rights of a parent to be involved in the child's upbringing.

Customer: replied 5 months ago.
Thanks for your reply, I was hoping that I had the right to contact her. Does parental responsibility mean that I have to be contacted in the event of an accident, healthcare, welfare and education?
Expert:  Harris replied 5 months ago.

Yes, PR entitles you to be involved and consulted in relation to those issues. In terms of contacting her there is nothing to prevent you doing this.

Customer: replied 5 months ago.
Thanks, (a bit of good news) regarding PR does this mean he has to contact me at the time of an accident as I know in the past that he hasn't told me until after it had happened and I couldn't go to the hospital and before any welfare/education arrangements are made?
Expert:  Harris replied 5 months ago.

If there are any such issues he should be contacting you and informing you, and for example, if there are medical procedures required your consent should be obtained. However, this does not always happen and he may need to be reminded formally that PR lasts until she is 18 despite the change in living arrangements.

Customer: replied 5 months ago.
That's great, sorry to keep asking questions but it's so he can't tell me I don't need to be asked/informed
Expert:  Clare replied 5 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

To add to the above.

I am afraid that there is no requirement for your ex to consult you on any of the issues that you list unless your daughter wishes him to do so.

Indeed you will find that doctors and teachers will take the same approach and will ask your daughter if she wishes them to share information with you.

I am afraid that after they are 16 PR has very little meaning other than being liable for maintenance - unless the child has special needs in some way.

Customer: replied 5 months ago.
Please can you let me know as there are 2 different opinions?
Expert:  Clare replied 5 months ago.

It is the difference between should and must.

Yes he should give you the details, but if he does not there is no court applictaion that you can make to enforce it

Expert:  Harris replied 5 months ago.

As my colleague has stated, given your daughter's age it would be her decision if she wishes to involve you in these matters

Customer: replied 5 months ago.
Unfortunately this isn't what I was hoping for so there is no point looking into this any further
Expert:  Harris replied 5 months ago.

I appreciate that this may not be the answer you would have hoped for but 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.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1940
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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