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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1772
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex partner thinks it ok for me to drop my daugher off

Customer Question

My ex partner thinks it ok for me to drop my daugher off round the house we both own to her new fella so he can put my daughter to sleep while she is out. But my ex partner wont allow me to have my daughter over night at all and hasnt done since we split over 8 months ago. She has been seeing this new man a. Couple of months. Its killling me knowing he can look after her on her own to give her breakfast and even put her to bed in the house i own when i cant at all and im her own dad.. My daughter is 2 yrs old. My ex tells me im in the wrong and what she is asking is normal.
Submitted: 1 month ago.
Category: Family Law
Expert:  Harris replied 1 month ago.

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

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

-What are the arrangements for your daughter to be with both of you?

Customer: replied 1 month ago.
There are no court orders. I havnt seen anyone. I see her twice a week. But not allowed to have her overnight.. I pay maintenance each month via bank transfer. I feel like she can do what she wants and o have to come running constantly.
Expert:  Harris replied 1 month ago.

Thanks for confirming. The new partner should not be having contact or be involved in the handover or collection of the child given that the relationship has only been short term and he has no rights. The child has a right to a relationship with both parents and if the mother is unavailable for the arrangements you should put yourself forward to see/have the child during this time.

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 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,

Expert:  Harris replied 1 month 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.

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