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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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In addition to my first question, I have a daughter aged 15

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In addition to my first question, I have a daughter aged 15 yrs (British citizen) living in the Uk with her father and step mother. She is terribly unhappy. I would like to return to the UK to care for her. I am 55 yrs of age and believe . My daughter
of 30 years has been diagnosed with HIV and she has a son 11 years old. I would like to be there for my family ...desperately in need of legal advice as to how to proceed. Thank you
Thanks for your question. I am a qualified family solicitor.
I am not sure of the answer to the immigration question and will leave it open for a colleague more experienced in immigration matters to deal with.
Regarding the family law issue, if you were to return to the UK, initially I would suggest that you attempt to negotiate and mediate with her father and step-mother in order for your daughter to be placed in your care. As she is 15, and in the absence of any capacity issues, her decision will be taken into account. However, you will need to demonstrate that you are able to provide a good enough level of care, which will include suitable accommodation and to be able to meet her needs.
If informal negotiations or mediation fail then you will be able to submit an application to court for a child arrangement order, under form C100 to her local family court so that the court can make a decision. A CAFCASS officer will be allocated the case and care out investigations and background checks and take your views, her mother's views and your daughter's views and provide a recommendation to the court.
Please do let me know if you have any further questions about this issue.
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