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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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In 2011 my ex wife dumped my 3 children on me. The eldest who

Resolved Question:

In 2011 my ex wife dumped my 3 children on me. The eldest who would turn 16 within the year was not involved in any court orders. I have residency for my two younger children now 12 & 13.
In May 2013 my daughter decided that my rules etc were too strict and decided to move back to her mum's. I was not keen on this but decided to let her go as it was what she wanted. Inevitably the grass is not greener and since December 2013 she has asked to return to live with me again. After a period of time to ensure it was just not a flash in the pan response I have secured her a place back at her old school. However her mother will now not let her return. No change to the residency order was ever made so residency is still in my favour.
What actions can I take to get this resolved?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Your eldest daughter is old enough to decide on her own where And with whom she wants to live with and your ex wife is unable to force her to live with her.

Residence orders usually only last until the child turns 16.

You do not need to do anything legal. If your daughter wants to move back with you, she simply packs her bags and moves out of your ex wife's house and starts living at yours. It is that simple. Your ex wife cannot physically stop her otherwise the police may be called.

Hope this helps
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Customer: replied 3 years ago.

If I arrange another collection date with my daughter, and my ex wife refuses to let her go again. Will the police attend if I call them or will they just say go back to court. I have never had much success getting them to enforce previous contact orders that I had prior to the children living with me.

Expert:  UKSolicitorJA replied 3 years ago.
Your ex wife cannot stop your daughter from coming with you against her will. Full stop.

I cannot say what the police will decide to do but if there is a breach of the peace, they should attend. It is not back to court as she is 16.

All the best