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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35455
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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My daughter's dad is trying to take custody of my daughter.

Customer Question

My daughter's dad is trying to take custody of my daughter. Threatening me with false accusations and false witness testimony. Will the court listen to witness testimony and what can I do to prove they are false allegations?
Submitted: 5 months ago.
Category: Family Law
Expert:  Clare replied 5 months ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 5 months ago.

How old is your daughter and how is her care shared between you at the moment?

Customer: replied 5 months ago.
My daughter is two and a half. She currently lives me full time and her dad was having her one night a fortnight but I have ceased contact until a court order is in place as I don't feel comfortable that he will bring her back.
Expert:  Clare replied 5 months ago.

Why have the arrangements broken down and what false accusations do you expect him to make?

Customer: replied 5 months ago.
It has broken down as we keep having disagreement over the cutting of my daughter's hair and her picture being on social media.
He has accused me of making my daughter lick food off a dirty floor and leaving my daughter with people to go and have sex with my new partner.
Expert:  Clare replied 5 months ago.

Has he put her picture on his Media?

Customer: replied 5 months ago.
him and his girlfriend
Expert:  Clare replied 5 months ago.

Can you explain your objection to that?

Customer: replied 5 months ago.
It was agreed when I was pregnant and after we split up that pictures wouldn't be put on social media because once it's on there we have no control over who sees it and what they do with it, it's my daughter's privacy, there is a reason why there are age limits on social media accounts. This agreement was stuck to until his girlfriend started posting pictures of my daughter. He's now decided that any agreements we made when we first split don't apply now he has a girlfriend.
Expert:  Clare replied 5 months ago.

Fr clarity - are these on his site or his girlfriends?

Customer: replied 5 months ago.
Both
Expert:  Clare replied 5 months ago.

You can apply for a Prohibited Steps Order to prevent this - but frankly it is unlikely that the court will share your concerns about this.

Whilst I understand why you have stopped contact I am afraid that it is not generally a good move as it automatically puts you in the wrong.

having said that please do not worry about what he is going to say about you - it simply will not be believed - because if he thought you were that bad a mother then he should not have left the child with you without involving Social Services!

Try and stay calm in the face of his threats and arrange to see a Family Mediator as soon as possible

Please ask if you need further details