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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
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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I wan to move out of our family home (father/husband) and my

Customer Question

I wan to move out of our family home (father/husband) and my daughter wants to come with me (9 year old). My wife says I'm not allowed to take her from the family home even if she wants to leave. How do I stand?
Submitted: 7 months ago.
Category: Family Law
Expert:  Harris replied 7 months ago.

Hi, thank you for your question. Please confirm:

-Are there any court orders in place?

-Where are you moving to and what kind of accommodation is it?

-Will it impact her school?

Customer: replied 7 months ago.
There are no court orders in place, I would be moving to my sisters granny annex which is a self contained flat.this would not effect her school
Customer: replied 7 months ago.
She has said I cannot take her without her permission, although the child does not want to stay there.
Customer: replied 7 months ago.
My daughter would have her own room too
Customer: replied 7 months ago.
Can I take her with me?
Customer: replied 7 months ago.
Hello Harris! What is your response please?
Expert:  Clare replied 7 months ago.

My name is ***** ***** I shall do my best to assist you

You both have Parental Responsibility for the child and neither of you has more "right" to have her in your care.

However children are not tug of war ropes and should not be treated as such.

You need to discuss with your ex how the care of the child will be shared between you (shared care is a very real thing) - using Family Mediation - and a mediator who is trained to work with young people.

If Mediation does not lead to a parent plan being agreed then you will have to apply to the court for a Child Arrangement Order using a form C100.

At 9 your daughters wishes are not decisive - although if she is articulate and ablate explain her reasoning there is a reasonable chance that the court may support her wishes

I hope that this is of assistance - please ask if you need further details