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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 920
Experience:  LLB (Hons)
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Please. Assistant: What steps have been taken? Have any

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please.
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: There is a child arrangement court order in place, the child age 5.5 spoke to the parent (father) over the phone and said she doesn’t want to go to spend this weekend with the father and she wants to stay with a mum.
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: UK
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I wanted to check if I have to give the child to the father tomorrow for the weekend if the child doesn’t want to go. Obviously, consider our daughter age, she said she doesn’t want to go as she is tired.
Customer: replied 9 days ago.
The father seemed to be very upset and put the phone down on her, she started crying.
Do I have a right to act on this as a parent taking care of our daughter wellbeing?
Customer: replied 9 days ago.
The court order has been a mutual agreement between the parents rather then decided by magistrates

Hi, I'm Lea and I have reviewed your query.

 

Do you have a copy of the court order? If yes, please attach it using the paperclip.

 

(Please bear in mind this is an email service, not live chat, so responses may not be instantaneous; I am also not available for phone calls - thank you.)

Customer: replied 9 days ago.
Please, see attached below. I’ve copied page by page
Customer: replied 9 days ago.
Apologies, I get a bit lost with what I’m supposed to do now.
I have not had anyone contacting me back yet

Where's the third page?

Customer: replied 9 days ago.
I’m happy to wait

Third page of the order - you have just given two pages.

Customer: replied 9 days ago.
Let me upload it again, please
Customer: replied 9 days ago.
I’ve sent 5 pages in total
Customer: replied 9 days ago.
I’ve also been charged for requesting a phone call with you, but as you are not able to make them, so I need a refund of that please.
I’ve not received any service yet, but have been charged 3 times in the last 10 min or so.

I've got three pages - the other two are duplicates. It's fine though as I have the essential part which clearly states that this is a shared lives with order, so you cannot simply stop the child from going to the father's home. If you do, you will be in breach of the order and the father would be free to take enforcement proceedings against you.

 

Of course, if you have safeguarding concerns about the child being in the father's care, then that is a different matter and you should explain this to him, inform him you will be keeping the child at home, and advise that you will be applying to the court for a variation of the order. You would apply for that variation on a form C100, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf

 

Does that answer your query?

Customer: replied 9 days ago.
Ok, thank you.
It’s a bit forcing a child against its will. I cannot see a court concerting child’s wellbeing at all, it’s a sad reality. Not much about the child.
Thank you for your help.
I still need to get back to someone about the extra payment for the telephone conversation with you which did not happen.
Have a good evening

Unfortunately your court order says the child lives with both of you - bit unusual with the split that you have, it would normally be lives with the person who has most of the care and spends time with the other person on alternate weekends. Nonetheless, the court would expect you to encourage your daughter to go with her father on his weekends - if she really doesn't want to go, the father will soon work that out for himself.

 

I'm sorry but I don't deal with payments on the site, however the customer services number is: 0808 164 9374 I am sure that they will sort out a refund for you as you did not get a phone call and had a full answer online.

 

Please remember to rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. Thank you.

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