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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 2739
Experience:  LLB (Hons)
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Dear All, I have a daughter with the woman I am with

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Dear All,I have a daughter with the woman I am with currently and I split up with her a few weeks ago, since we broke up she refused all access to my daughter just so she can claim the maximum amount of money from meI am now in a situation where the mother of our child was going to move away where it would've been next to impossible to see my daughter and the only thing I could think off to be able to see my daughter is to get back with the mother (she kept insistent that I needed to get back with her if I wanted to spend time with our daughter).I'm now stuck in a relationship with her when I don't want to be.it has been suggested that I can file a C100 (I did mediation when we broke up but she refused to do it as it didn't benefit her and I have the text to prove she said that) and ask the court to put a freeze on any movements (so the mother can't just take our daughter and run away again) so we can finally sort this out.Ideally I would love to get a share cared agreement at 50/50 as I have read this is in the best interest of the child as it allows them to spend 50% of the year with either parent is there a way to try and secure a way to do this.Just to mention as well the mother will be cased as homeless when we do break up as her family isn't the kindest of people and will need to temporarily housing from the council so ideally it would be best to keep my daughter here instead of her leaving to jump from place to place with the motherMy questions are;1) Is it possible on the C100 to ask the judge to "freeze" everything for example, stopping the mother taking our daughter away from me and if so how would I go about doing this?2) If the above question is true, if the mother tried to take our daughter away I know I can call the police but how would that look, would it seem like I am only thinking of myself? would I judge take poorly to it?3) Do you believe it is best to get a lawyer such as F4J to assist me with this case as I can see the case getting messy but would that be to far for the judge to again think I am being inconsiderate.The questions I ask about the judge is purely on the basis that I have been informed that if I get deemed inconsiderate by the judge I could lose out on seeing my daughter

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

To be clear - do you just want answers to the three questions you have asked?

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Customer: replied 1 month ago.
Dear Lea,Thank you for messaging meIndeed just the three questionsKind Regards,***** *****
  1. The C100 is used to apply for s8 orders under the Children Act 1989 - which are child arrangements order, specific issues order and prohibited steps order. You should complete the form and apply for a) child arrangements order for the child to live with you 50% of the time and 50% with mother, and b) a prohibited steps order preventing the mother from removing the child from your care whilst the proceedings are ongoing as you are the one who is currently able to offer the child accommodation. You will be able to inform the court that once the mother has accommodation sorted you are content for the child to live with her 50% of the time. Applying for a PSO will mean that you can apply as a matter of urgency and will not need to attend mediation. You can tick the relevant exemption box on the form.
  2. I would suggest that you ask for the child to live with you in the interim, as you are the one with the accommodation. If the court doesn't grant that in the interim, but grants a PSO and the mother takes the child she will be liable to arrest once the police locate her. It does not look bad on you - the whole idea is to prevent the mother taking the child away without your consent.
  3. I believe that it is always in your interests to have a lawyer if you can afford one. I would strongly suggest that you avoid places like F4J and instead look for a solicitor here: https://solicitors.lawsociety.org.uk/

You'll probably be suprised that your case doesn't sound particularly 'messy' at this stage - you're just a father trying to ensure that his child is not snatched away to some unknown place without his consent. You are perfectly entitled to do this and the courts see this type of thing every single day - so even if you had to represent yourself in court, I am sure you would be fine.

SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you for the information, I will work on this now

You're very welcome.

If you have future questions, please do feel free to mark them for my attention by putting FOR SASH-Law ONLY in your subject heading.

All the best.