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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.
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My name is***** am the mother of Milli Vallance,

Customer Question

My name is***** am the mother of Milli Vallance, aged fifteen. Andrew Fletcher is Milli's father. I brought Milli up as a single mother and she lived with me permanently until one year ago. I always allowed Andrew access to Milli and he would visit her for approximately one hour a week. Otherwise, he did not visit Milli and always made it plain to me that he had no interest in Milli's upbringing or welfare. He did not contribute financially until three years ago. Milli had been educated in the state system until three years ago when I felt she would benefit from a private education. Andrew agreed to pay Milli's school fees and the access arrangements we had agreed verbally remained in place. This meant that Milli would spend one day per weekend with me and the other day with her father. I normally looked after Milli during the holidays, but I allowed Andrew rights of access whenever this was convenient to both of us. However, in February 2011 Andrew took me to court with a view to obtaining joint custody over Milli. He withdrew his joint custody action on the day of the court hearing. The judge was, therefore, not obliged to give any judgement on this action, but he did require me to give an undertaking not to remove Milli from the UK jurisdiction, except for the purposes of foreign vacationing. I (Ayse) was happy to give the undertaking which was entered into on the seventh of March 2011. District Judge Berry was the officiating judge. The arrangements surrounding Milli's residence and custody were respected by Andrew until 2014 when despite my frequent attempts to contact Mil*****, ***** barred any proper contact between me and my daughter. This became so worrying to me that I was obliged to contact social services in order to ensure that I could make some contact with my daughter. I have recently finally been able to be in contact with Milli. However, Andrew refused to answer my telephone calls and I was obliged to visit Andrew at his home in Acton last weekend (19th August) to see to it that Milli is being looked after properly. Andrew denied me access to my daughter and so I was obliged to call the police who attended at his home. I am now extremely concerned at the ongoing safety of Milli and require the principal registry of the family division to formalise my custody of Milli in writing immediately (in effect giving me the full parental rights which should have been allocated to me following the court case in 2011). I need to know which court form I should fill out and whom to send it to. The original court case number ***** FD11P00155 and a prohibited steps order under section 8 of the children act 1989 was issued in judgement of the case.Regards ***** ***** Vallance landline number is *****
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question. I am a Family Solicitor and will help you.
I am sorry to hear about the difficulties that you are experiencing.
An Application to the Family Court to either spend time with a Child or to confirm whom a Child should live with should be made on Form C100. This Form can be obtained from the HMCTS website. This link also provides guidance for completing the form:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253
The current court fee is £215.
The form should be lodged at your local Family Court.
Please note that if the Court considers that your application is not urgent then under the new rules if will reject your application unless you have attended at mediation first. You need to detail in your application why you consider that the matter is urgent. For your reference there are lots of mediation services - one such national service is National Family Mediation which can be found at:
www.nfm.org.uk
The court will only make orders if it considers that it is in your daughters best interest to do so. The Court will also give regard to your daughter's wishes and feelings - given her age.
Kind Regards
Caroline
Please remember to rate my answer. Positive feedback is gratefully received. We receive no credit for our work or payment unless positive feedback is received.
Expert:  ukfamilysolicitor replied 1 year ago.
Please remember to rate positively - kind regards
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
You already have Parental Responsibility for your daughter since you are her mother so the only issues that the court can deal with relate to the time that she spends with each of you.
This will be decided very much in accordance with your daughter's wishes given that she is 15 - and any order made will cease when she is 16 in any event.
The principle issue her is who your daughter wishes to live with
Please ask if you need further details
Clare

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