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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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My daughter came to live with me on 19th may this year as

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Hi, my daughter came to live with me on 19th may this year as her mother could not cope with her, amelia is 9 years of age and it was her choice to live with her father, there is a court order in place but her mother wanted her to live with me, her mother is trying to dictate to me and amelia now as when she should see her, i have placed her in a local school and starts 06/9/2016 at 2pm of which she is so excited about, her mother says that she is coming back to her house and because of this amelia is upset, where do i stand as the father to have ***** *****ving a happy life here.

Hi, thank you for your question. Does the mother have any welfare or child protection concerns? How far do you both live from the school?

Customer: replied 1 year ago.
Hi, no not at all, we live ten minute walk away from school.
Customer: replied 1 year ago.
amelias mother lives 23 miles from her new school.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Hi Could you please call me on*********** my name is neil,
Kind Regards,
Neil Sharp.

Thanks for confirming - sorry I cannot take a call at the moment. Given that your daughter appears to have been settled with you for 5 months now, and is enrolled into a school close to you, you would have grounds to apply to court to keep the arrangements the same as they are now and for your daughter to have contact with the mother.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: 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

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