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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi there my name is ***** ***** I am currently going through

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Hi there my name is ***** ***** I am currently going through a custody battle she is currently living with her father and has been for 8 mths as he made the application while she was there she is 10 yrs old and I have brought her up from being 1 and half along with her sister who is 14 yrs old I still have her living with me although the father isnt her biologicol father but brought her up from 6wks old and still calls him dad my children see them as being sisters and have always been brought up together. I have had cafcass involved and done a wishes and feelings with my 10nyr old she has told she prefers to live with me and is desperate to come back home also missing her sister very much now cafcass have ignored this and reccommends she stays with her father as you can imagine this is all very upsetting and my children will be devastated there are no safeguarding issues with me as a parent, I got the impression they didnt care about the children as they are on "half sisters" as he put it cafcass still say its the judges decision but ive read alot saying the judge will go with what cafcass has reccommended but then read that judges don't like splitting up siblings I would be greatful for any advice of what you think will happen when I go to court thanks leanne wright
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What reasons have been given for their recommendation?
Customer: replied 3 years ago.

Only because I had help with a family worker with her behaviour and it didn't work and because she used to argue alot with her sister and he only classes them as half sisters also she didnt say she hated living with her dad but still preferred o live withme and her sister but my daughter has threatened to run away if she has to live there her behaviour has got much better she will devastated as we all are it just doesnt seem fair

What was the actual problem with her behaviour?
Customer: replied 3 years ago.

She just used to be very cheekynever liked me doing anything or going anywherequite possesive with me and used to kick off if she never got her own way and get very angry but all of that has gone she is no where near as bad now

What contact are you having - and what has been suggested?
Customer: replied 3 years ago.

I have every other weekend one day a week for tea and share school holidays not sure what has been suggested regarding contact yet until I read the full report it was just a brief phone call off cafcass telling me he was going to favour the father but told me my daughter prefers to live with me I just hope I get to keep the same contact if he wins

Until you have the full report it is hard to be certain how strong the report is - and whilst yes Courts do value CAFCASS reports that does not mean that they will not go against them if there is good reason to do so.
It would be sensible to offer a form of shared care with your daughter spending part of each week with her father so that you both have a break
Please ask if you need further details
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