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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex asked me if I could look after my daughter whilst she

Customer Question

My ex asked me if I could look after my daughter whilst she was in Singapore for two weeks. A week later we were in court to discuss a Prohibited Steps Order and out of the blue she stated that she wanted my daughter to be cared for by her elderly grandparents. The Judge issued an order to reflect that, giving me a couple of days per week when she can stay with me until 7pm. However my daughter is very upset about it and wants to stay at home with me. My ex has now left and I do not know what I can do to stop her from being upset and to get her to stay home with me.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
How old is your daughter and what was the Prohibited Steps Order application made in connection with?
When is your ex due home?
Claire
Customer: replied 3 years ago.

My daughter is 9 years old. The Prohibited Steps Order states that I must not remove her from England and Wales. Also I must not remove her from the care of her mother, her school or from her maternal grandparents’ care.


The Contact Order dated the 13th February stated that I can have her between 3.45 until 7.30 pm on Tuesday 26th February and Thursday 28th


 


February and that I can have her between 9am until 7.00 pm on Saturday 23rd February (i.e. today)


 


When I was in court on 13th February Cafcass turned up and it was only


 


3 hours before the hearing, I was given a letter concerning their involvement and told by my daughter’s mum that my daughter also had to be in court. The interviewed my daughter but failed to speak to me before the hearaing.


 


When I raised a complaint against Cafcass, they apologised and stated they did not know a previous agreement concerning the two week period that her mother was away.


 


I located a copy of the "Notice of Proceedings" that was given to her solicitor prior to attendance in court on 10th January 2013, and under the


 


 


section "What to do next" it stated that they had to complete the Cafcass C7 Acknowledgement Form, return it to the court and serve a copy to the other parties. They purposely did not do that and neither Cafcass or the courts are aware of that breech.

Customer: replied 3 years ago.
Relist: Other.
No response
Customer: replied 3 years ago.

Hello *clairep80***

My daughter is 9 years old. The Prohibited Steps Order states that I must
not remove her from England and Wales. Also I must not remove her from the
care of her mother, her school or from her maternal grandparents’ care.

The Contact Order dated the 13th February stated that I can have her
between 3.45 until 7.30 pm on Tuesday 26th February and Thursday
28thFebruary and that I can have her between 9am until 7.00 pm on
Saturday 23
rd February (i.e. today)

When I was in court on 13th February Cafcass turned up and it was only 3
hours before the hearing, I was given a letter concerning their involvement
and told by my daughter’s mum that my daughter also had to be in court. The
interviewed my daughter but failed to speak to me before the hearaing.

When I raised a complaint against Cafcass, they apologised and stated they
did not know a previous agreement concerning the two week period that her
mother was away.
I located a copy of the "Notice of Proceedings" that was given to her
solicitor prior to attendance in court on 10th January 2013, and under the
section "What to do next" it stated that they had to complete the Cafcass
C7 Acknowledgement Form, return it to the court and serve a copy to the
other parties. They purposely did not do that and neither Cafcass or the
courts are aware of that breech.
Regards,
Paul

Customer: replied 3 years ago.

My daughter is 9 years old. The Prohibited Steps Order states that I must not remove her from England and Wales. Also I must not remove her from the care of her mother, her school or from her maternal grandparents’ care.


The Contact Order dated the 13th February stated that I can have her between 3.45 until 7.30 pm on Tuesday 26th February and Thursday 28th


 


February and that I can have her between 9am until 7.00 pm on Saturday 23rd February (i.e. today)


When I was in court on 13th February Cafcass turned up and it was only


 


3 hours before the hearing, I was given a letter concerning their


 


involvement and told by my daughter’s mum that my daughter also had to be in court. They interviewed my daughter but failed to speak to me before the hearing.


When I raised a complaint against Cafcass, they apologised and stated they did not know a previous agreement concerning the two week period that her mother was away.


 


I located a copy of the "Notice of Proceedings" that was given to her solicitor prior to attendance in court on 10th January 2013, and under the


 


section "What to do next" it stated that they had to complete the Cafcass C7 Acknowledgement Form, return it to the court and serve a copy to the other parties. They purposely did not do that and neither Cafcass nor the courts are aware of that breech, although I'm not too sure if it has any relevance.My ex is due to return on 2nd March.

Expert:  Clare replied 3 years ago.
Hi
Is there going to be a further hearing about contact in the future?
Claire
Customer: replied 3 years ago.

Yes, the contact order is listed for directions, at risk on 18th March but it is


 


the period that she is away that concerns me, as she is staying with her grandparents who are not able to look after properly. I realise that the courts would not be able to do anything as her mother is out of the country, but are there any other options available to me?

Expert:  Clare replied 3 years ago.
Hi
In what way are they not able to care for her - how old are they?
Claire
Customer: replied 3 years ago.

 


A week ago I returned from taking my daughter to athletics, and had to spend a significant amount of time calming her down as she was quite distraught and in tears. I had informed her mother several times about my daughter’s continued weight gain and it is still increasing with the effect that she has lost confidence in doing an activity, that I spent quite some instilling the required level of motivation


 


Her grandparents are not able to provide the physical and educational support that a nine year old girl needs, and as a result she simply stays indoors from the moment they pick her up from school at 3:15 pm until her mother collects her at 7pm. Her grandfather had recently undergone treatment for prostate cancer and therefore it is no surprise that they lack the ability to provide my daughter with what she needs to develop as a child.


 


I work from home but the PSO means I cannot pick her up from school anymore and neither can she take part in activities during the week.

Expert:  Clare replied 3 years ago.
Hi
How old are they?
What are they not doing/
Claire
Customer: replied 3 years ago.

 


They are in their 70's and they are not able to ensure she undertakes activities after school, and because of that lack of physical activity she is gaining weight. Her mother has acknowledged that she is gaining weight but she is not concerned, as she is responsible for the adverse change in her care. Additionally they are African and Kai was born in London and there is a cultural dynamic in which they do not know how to support a nine year old educationally.

Customer: replied 3 years ago.

 


I've had a chat with some friends and have been informed that there is no way I can overturn a court order in a short space of time. So please disregard that issue. I will raise another question but I don’t know if you will be the one to pick it up.

Expert:  Clare replied 3 years ago.
Hi
Your friends are entirely correct - there is no action that you can take now to effect the next week.
However in view of the forth coming hearing there are a number of matters arising from your question that you need to consider.
Do not repeat the comments on weight issues - it gives your ex the chance to say that you are putting pressure on your daughter which could lead to anorexia; and also do not repeat the cultural dynamic reference - it will not assist your case.
Feel free to ask for further information when you are ready
Claire

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