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 Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Hi Ive recently split with my husband, our youngest daughter

Customer Question

Hi I've recently split with my husband, our youngest daughter lives with him but we both have parental responsibility for her. I would like my daughter to live back with me, Can i just tell my husband she is coming back to live withy me or do i need to take him to court to get her back.
Many Thanks Clare
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
How old is your daughter?
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your questions !
How recent is the split and doe your daughter wish to live with you?
Claire
Customer: replied 3 years ago.

Hi my daughter is 2 yrs old, and me and my husband split up only a few weeks ago

Expert:  Clare replied 3 years ago.
Hi
How was her care shared before the separation?
Claire
Customer: replied 3 years ago.


My daughter lived with my husband as we lived in separate houses, but she was always at mine. only really slept at my husbands place, what happened was i got post natal depression with her so from a young age he took her away from me and didnt have much of a choice but for a long time i have said to him i want my daughter living back with me. But he says no

Expert:  Clare replied 3 years ago.
Hi
So when did your daughter last spend the night in your care?
Claire
Customer: replied 3 years ago.

Friday the 4th and she due to stay again on friday the 11th

Expert:  Clare replied 3 years ago.
Hi
So how is her time actually shared between you each week - and are there any other children involved?
Claire
Customer: replied 3 years ago.


Yes i have 3 other children which live with me, 2 are his step children and my little boy who is 4 is his real son. i've been having my daughter every other monday, wednesday mornings and thursday and sleeping evry friday. but before we split she was here everyday

Expert:  Clare replied 3 years ago.
Hi
I am afraid that to change the living arrangements for your daughter you will either need to have the agreement of your ex or an order from the court.
The current arrangements are clearly not satisfactory and you should try and negotiate a gradual increase in the number of nights your daughter spends with you until there is a better balance between you.
You should try and discuss this with your ex using Family Mediation - but if this fails then you will need to apply to the court for a shared residence order.
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.


Ok thank you for your help

Expert:  Clare replied 3 years ago.
Hi
You are most welcome
Claire

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:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions