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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2535
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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How can I have sole custody of my daughter after her father

Resolved Question:

How can I have sole custody of my daughter after her father physicaly assault me?
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.

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

-How old is she?

-what have the arrangements been to date?

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

-

Customer: replied 9 months ago.
My daughter just turned 6 on the 21 of July. Me and her father separate when she was only 2 and and when I moved out she was only 2 1/2 years old. I was diagnosed with severe depression when she was 11 months old and was not getting any better even though I started after over a year of treatment and her father decided to divorce me on the grounds of unreasonable behaviour and ever since he try's to take her off me. When we divorce I didn't have a solicitor as I was so ill he took advantage of me and convince me to sign on the divorce the arrangement for our daughter that she would sleep always at his house before nights preciding school. I didn't know that he was planing to put her at school as soon as possible and she went to school in the spring term of that year when she was less them 3 years old.
Expert:  Harris replied 9 months ago.

Who does she live with now and what are the arrangements for the non-resident parent?

Customer: replied 9 months ago.
I use to think that she lived with both of us since she was sleeping at his house as he takes her to school. I was collecting her from school every day except one as she goes to the grand parents. Holyday were split in half but most half term with me. But the last half term in February he went away with her for a week on a ski holiday and when they came back she was constipated he told me to treat her and I did so but next day she could not go to school because she was soiling her pants because of a suppository I put on her. He and his parents who is constantly trying to incriminate me booked a doctor appointment for her and when I told them I would look after her if she wasn't going to school they didn't want to let me have her. I went to his parents home and took her by force as his father was forcibly denying me to bring her when I arrived home her father was at my door and physically assaulted me and as a result I had a fractured hand and my jaw was out of place. Them I went and got a non molestation order on him but he is able to pay for a solicitor and a barrister and is together with his parents distorting the hole story
Customer: replied 9 months ago.
Only after I got better from the depression was that I realise I have been victim of emotional abuse
Expert:  Harris replied 9 months ago.

Thanks. It appears you had a shared arrangement in the past and domestic violence against you by the father does not automatically entitle you to apply for sole custody for the child. The domestic violence is concerning but it appears that you have a non-molestation order in place which should be protecting you from further abuse.

In relation to the child, she has a right to a relationship with both of you which can only be reasonably restricted if there are child protection concerns. A court will need to assess all the facts of the case and decide if it is in her best interest for there to be an order for you.

If you believe it is in her best interest 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 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

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2535
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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