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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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2 weeks ago my 10yo daughter came to live with me with the

Resolved Question:

2 weeks ago my 10yo daughter came to live with me with the consent of her mother. After going back to visit my other daughter their mother refused to allow the 10 yo to leave with me. She threatened to call the police and make false allegations against me, and got other family members to come to the house which caused my daughter to become highly stressed and agitated. Could I expect to regain custody if I was to take this case to court?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-What have the arrangements been to date?

-Why did the mother agree for your daughter to live with you two weeks ago?

-What's her reason for change of position?

-Have there been any domestic incidents.

Customer: replied 1 year ago.
To date I've been seeing my daughters 2 to 3 times a month at weekends.
Their mother (lisa) said that the 10yo was continuously getting upset and having emotional tantrums and asked if she would be able to come and live with me.
The only reason that Lisa gave for changing her mind was the amount of time it was taking to get leah into a school near me.
There have been occasional domestic incidents in the past which I have chosen not to pursue.
Expert:  Harris replied 1 year ago.

Thank you for confirming. You daughter has a right to a relationship with you which can only be restricted if there are issues of child abuse or child protection. Given that there has been a consistent contact arrangement in the past it is unreasonable for the mother to cease all contact as she has done.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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