How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Harris Your Own Question

Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2539
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Family Law Question Here...
Harris is online now

I have very recently split up with the Mother of my Child,

Resolved Question:

Hi. I have very recently split up with the Mother of my Child, due to her wanting space and lost feelings. However it turns out she met a guy online a few weeks ago and has been going AWOL since then, I assume to his. However we have a 5 year old daughter together and as I now live with my parent (temp) and she currently has him moved in with my daughter there! She doesn't know him well (she admits) and nor do I, I am extremely concerned for my Daughters welfare and safety because we know nothing about this person or if he will do harm. What are my Parental Rights? I also wish to pick her up from school tomorrow, am I legally able to do this? I have informed the school of this situation and they have contacted the Safeguarding team
Submitted: 7 months ago.
Category: Family Law
Expert:  Harris replied 7 months ago.

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

-Are/were you married to each other?

-Are you named on the birth certificate?

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

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

Customer: replied 7 months ago.
Not Married.
Yes I am named.
No arrangements as such as its been around one week since this.
No Courts Orders.
Expert:  Harris replied 7 months ago.

Thanks for confirming. Given the concerns are being investigated by the safeguarding team it may be helpful to wait for them to undertake their checks and report back before you take any action.

If you are not happy with arrangements, 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 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 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

I hope this assists you. 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 your question without a positive rating. Thank you,

Customer: replied 7 months ago.
Am I able to pick her up from school legally??
Customer: replied 7 months ago.
Hello?????
Expert:  Harris replied 7 months ago.

Apologies for the delay. There is nothing legally stopping you from attending the school to collect her given you have parental responsibility and there are no court orders, although if there are no prior arrangements this may come as a shock to your daughter and the teachers.

Customer: replied 7 months ago.
What if the mother doesn't allow me access to my daughter when it was verbally agreed that I can have her on weekends and school holidays? Also what rights to I have with Child Tax Credits when we both have our daughter separately?
Expert:  Harris replied 7 months ago.

Child tax credit will be with the person who is considered main carer and who receives child benefit. Generally it is for the parent whom the child stays with the most and the parent that deals with the day to day needs of the child.

If she does not continue with the verbal agreement I would suggest you follow the steps outlined above (firstly a referral to mediation, and if mediation does not assist for you to apply to court for a child arrangement order).

I hope this assists you. 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 your question without a positive rating. Thank you,

Customer: replied 7 months ago.
Am I able to get a injunction or prevention order against my ex's new partner so he cannot be near my daughter? I'm
Extremely concerned about her welfare
Expert:  Harris replied 7 months ago.

You can apply for a prohibited steps order to stop him coming near her but I would suggest you attempt to focus on a child arrangement order for who she lives with. Once either application is submitted a CAFCASS officer will run background checks on both you and the mother, as well as her partner and interview you both and make recommendations to the court.

Expert:  Harris replied 7 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.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2539
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters