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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter is the main carer of her son her ex husband has

Customer Question

My daughter is the main carer of her son her ex husband has regular contact with the child but is now saying he won't return him what are her rights
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old is the child?

-What have the arrangements been to date, and for how long?

-Are there any court orders in place, if so what are the terms?

Customer: replied 1 year ago.
The child is 6 arrangements have been in place since their divorce three years ago there is no court order. Child arrangements were agreed in the divorce proceedings
Expert:  Harris replied 1 year ago.

What is his reason for not returning him and what are his proposals?

Customer: replied 1 year ago.
The argument arose because he wanted to have more time with the child additional to the weekend which he has in any case he says if this isn't allowed he will not return the child
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly, as there is no court order unfortunately your daughter cannot enforce the arrangements and must agree matters with him directly. She should now consider whether she should pursue an application to court for a child arrangement order so that these disagreements do not arise in the future and so both of them are absolutely clear about the arrangements, and for them to both have an enforceable order.

In the circumstances I would suggest that she makes a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist them both in reaching an amicable agreement that is in the child's best interests. If mediation does not help, then you she be able to pursue an application to court under Form C100 together with a £215 court fee to her 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

Expert:  Clare replied 1 year ago.

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

To add to the above.

Whilst there is nothing that your daughter can do today first thing in the morning she can make an immediate and Urgent applictaion to the Court for the return of the child to her care and for a Prohibited Steps Order preventing the father from removing him other than for the prearranged contact times.

This will ensure that if her ex repeated this action then the pOlice can assist her

There is no need to attend mediation first because of the urgent nature of the order

Please ask if you need further details

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.