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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 863
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Just got cut off asking question re daughters rights to

Customer Question

just got cut off asking question re daughters rights to leave controlling partner
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am Caroline and I will help you.
You can respond to this question with your answers:
- does the father have parental responsibility?
- is your daughter planning on moving far?
- can you please explain further how the father treats you daughter?
Kind Regards
Caroline
Customer: replied 1 year ago.
have answered above, did you receive reply?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello I am sorry but I havent. I can chat online with you now if that helps rather than question and answer. Your location is showing on the chat as Ireland - is your daughter in England/Wales?
Expert:  ukfamilysolicitor replied 1 year ago.
could you kindly repeat your replies for me as I cannot see them.
ukfamilysolicitor and 4 other Law Specialists are ready to help you
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
It was nice to speak to you.
As discussed as you are located out of the Jurisdiction of England and Wales - your daughter would only be able to take your grand daughter on holiday to see you if everyone with parental responsibility provides their permission or by obtaining a court order.
As the father is named on the childs birth certificate then his permission is required.
Permission should not be unreasonably withheld by the father and a court would very likely grant permission if the court was satisfied that your daughter intended to return with the child.
An application of this type can be made urgently to a court if a holiday is already booked and is due to take place shortly.
An application would be made on Form C100. Sent to local family court. There is a court fee of £215 but your daughter might be eligible for a fee remission dependant on her circumstances. See Form EX160.
My worry is, is that as your daughter is still living with the father that she may not have the courage to make such an application at this time, even though a court would likely give their approval - this is likely to cause more hostility for her at home right now.
In respect of the emotional abuse that your daughter is enduring from her partner - I do consider that DV services will be beneficial for her. There are lots of services and support is wide ranging. This is one such national service:
http://www.refuge.org.uk/
In relation to seeking to obtain Legal Aid - these are the links to the two GP letters I was telling you about:
https://www.gov.uk/government/publications/give-evidence-of-injuries-consistent-with-domestic-violence
https://www.gov.uk/government/publications/referrals-to-specialist-domestic-violence-support-services-health-professionals
A GP needs only complete only one of the letters. Your daughter can then approach a family solicitor so that they can undertake a legal aid assessment. This is the means information:
http://civil-eligibility-calculator.justice.gov.uk/
A Solicitor can then help in respect of agreeing arrangements for the child to spend time with both of their parents should your daughter move out. If the father was also to try and keep the child consideration can be given to making an urgent application to the court for the child to be returned to your daughter.
If the parents cant agree the time then an application could also be made to the court for a child arrangement order.
If your daughter decides she wants to relocate out of the Jurisdiction then an application can be made to the court for permission to permanently remove from the Jurisdiction.
If the fathers abuse towards your daughter escalates then I advise that she rings the police. If the police dont take action to protect your daughter then an application for a non molestation order could also be considered.
I hope this helps.
Please do not hesitate to ask if you have any more questions.
I wish you all the best.
Kind Regards
Caroline