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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2728
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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12 year daughter wants to live with her father and new

Customer Question

12 year daughter wants to live with her father and new partner who have both been drug users not sure if currently they do. Do I as a mother need to give consent for this to happen and is there a way they could be tested so I know my daughter will be safe.
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

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

-Are there any court orders in place, if so what are the terms?

-What have the arrangements for your daughter been to date?

Customer: replied 11 months ago.
No court orders
My 3 children go to his on a Saturday and come back on a Sunday afternoon.
Currently my daughter has been with him for 2 weeks due to school holidays and has stated she's moving in with her father and partner and her 2 children
Expert:  Harris replied 11 months ago.

Thanks for confirming. Your daughter is too young to be making her own decisions regarding these matters and given the concerns you have raised you should be making sure that there is no longer any drug use as this will be a child protection concern.

Given that your daughter is already having overnight stays with the father, you may need to review this if there is any continued drug use by him.

I hope this assists you. 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 your question without a positive rating. Thank you.

Customer: replied 11 months ago.
who do I need to get in contact with
Expert:  Harris replied 11 months ago.

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

Expert:  Harris replied 11 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.