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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1770
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I are separated. She took our daughter when she

Customer Question

My wife and I are separated. She took our daughter when she walked out. Until recently I had frequent contact with my daughter but recently it appears that she has been deliberately arranging activities on dates she should have been with me. Today she has verbally told me that she in reducing contact. This is against my wishes and , I believe, not in the best interests of our daughter. As we remain married and I assume have equal rights, how do I proceed?
Submitted: 3 months ago.
Category: Law
Expert:  Harris replied 3 months ago.

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

-How old is your daughter?

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

-What have the arrangements been to date?

Customer: replied 3 months ago.
My daughter is 10 years old. 11 at the end of October.
There is no court order in place and to the best of my knowledge there are no pending court proceedings.
When my wife walked out it was agreed that I would pick my daughter up from school most days. There is a mid week sleepover ( Wednesday ) and alternate weekends. Today my wife told me verbally and by text that it was her intention to reduce contact. No reason given.
Expert:  Harris replied 3 months ago.

Thanks for confirming - your daughter has a right to a relationship with you which can only be reasonably restricted if there are welfare concerns. 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 child'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 3 months ago.

.

Expert:  Harris replied 3 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.

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