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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My daughter wanted to try to live with her father 6 months

Customer Question

My daughter wanted to try to live with her father 6 months ago, after she moved in with him he said that he needed me to sign the child benefit over to him so that he could afford the various things associated with raising a child (the daughter is 13). After some time he then started to complain about having to drive her to school and that he wanted her to change schools to be nearer to him. I said that I didn't want her to move schools so told him no. He has since cut all contact from me, and has gone to the Child Support Agency to get money from me. They contacted me and are now trying to take me to court for refusal to pay. The reason I am unwilling to pay is that since my daughter moved in with her father she has been spending more and more time back home with me such that she has spent more time at home with me than she spends at her fathers house. The CSA know all this but are still insistent on pursuing me into court. Is there any way I can get people to realise that she is still living with me and get he CSA off my back. The options I can see at the moment are to stop my daughter coming to see me so much and only come for the two nights each week that he has said to the CSA that she stays with me (a lie he is telling the CSA that they are believing). If the child benefit is in his name does that mean that he has legal custody, as I think I should still have legal custody even if I signed a piece of paper to allow the child benefit to go to him.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How many nights a week does your daughter actually spend with you now?
Does she wish to move back permanently?