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Joy Nicholas
Joy Nicholas, Lawyer
Category: Family Law
Satisfied Customers: 1837
Experience:  Lawyer
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I'm a mother of a 5year old daughter, I had to move out 3

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Hello ... I'm a mother of a 5year old daughter , I had to move out 3 years ago as my ex bf was heavy handed to wards me and I wasn't getting any help from nowhere (long story) ... She lives with him but I'm getting more and more scared of her mental well-being as he is getting more snappy to wards her as he has cut down on me ... He still bullied and layed his hands on me year/2 after break up last year I have started getting some help because it started to effect my child more and more ... And I don't know what I could do to get her off him ? Atm I'm in roomshare working nights .. he is unemployed and cutting my hours with her more everytime he doesn't like something there is no court order who and when we I can see her but when I stand my ground he get more angry and spammy at my child and I worry something might happen but don't have solid prove of it loads msg /a voice recording .. my daughter remember omg how he pulled my hair beat me (been a 1.5 years since) I had police school help lines involved but all they say if there's not much they can do I have been trying for past 4years to leave with her n then take her off him ... Is there any advice you can give me or what I can do Thank you
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No
JA: Has she talked to a lawyer about this yet?
Customer: Who
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't know
Hi, thank you for your message. I am sorry to hear about your situation. I would advise you to seek a child arrangement court order such an order can set out who looks after the child and when. Such an order once made can be enforced if it is breached. In order to do this, you will need to arrange for and attend a mediation appointment with your ex first to see if an order can be agreed. Even if you and your ex end up having to go to court to sort out the differences, you will normally need to prove that you’ve been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you. If your ex doesn't want to see a mediator, you should go to the MIAM on your own. You’ll then be able to prove you’ve tried mediation if you later want to go court. You can’t force your ex to go to mediation. In order to find a mediator you can use this link on the Family Mediation Council website here: https://www.familymediationcouncil.org.uk/find-local-mediator/
You’ll normally have to pay about £30 for an MIAM, although sometimes this first meeting is free. Follow-up sessions usually cost you and your ex about £80 each - most people need to go to 3 or 4.
The cost of mediation varies depending on where you live. Phone around to find the best price, but bear in mind the cheapest might not be the best.
If the MIAM does not work and you not able to agree to mediation you will need to go to court. This will require you to fill out form C100 which can be found here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge
You can find guidance on filling out the application here: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1
Send the original form and 3 copies of it to the nearest court that deals with children, you can find your nearest court here: https://www.gov.uk/looking-after-children-divorce/apply-for-court-order
The application will cost £215. If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case family law.
I hope this helps. I would appreciate if you can please give me a 5 star rating for answering your question today (top right corner of your screen). I wish you all the best in this matter.
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