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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7997
Experience:  Barrister at law
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I am a 66 year old man with custody of my daughter, She is

Customer Question

Hi
JA: Hi. How can I help?
Customer: I am a 66 year old man with custody of my daughter
JA: What steps have you taken? Have you filed any papers in family court?
Customer: She is 14 and a half
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: She wishes to visit her mother in the USA. We presently live in the UK and are UK citizens
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I need to secure contact and some authority about the her future life with her mother
Submitted: 6 days ago.
Category: Family Law
Customer: replied 6 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 6 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 6 days ago.
i much prefer a phone call please, if this is possible
Customer: replied 6 days ago.
Customer: replied 6 days ago.
UK
Expert:  plclegal replied 6 days ago.

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

Expert:  plclegal replied 6 days ago.

Good morning, thank you for your patience.

Firstly, if there is no court order in place that sets out the ground rules for contact, then this is perhaps what you need to consider applying for. This would be a legally binding agreement and the court decision would be in line with both what is best for your daughter and also her express wishes, given that she is 14 and a half years old.

If the mother lives outside of the UK, then this would be grounds for a mediation exemption (normally mediation is a legal requirement prior to applying for a court order in the family court).

You would need to look at the mediation exemptions on the c100 form, 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 send 3 copies of the completed form to the local family court centre.

Alternatively, you can apply online:

https://apply-to-court-about-child-arrangements.service.justice.gov.uk/?utm_source=formfinder.

In the form (section 5b) you ask the court to set the ground rules for contact, such as time, frequency and how and where it should take place, whether it should be supervised or not, that sort of thing.

There will be a court hearing after you apply and a family court adviser will be there in attendance too (from CAFCASS). Mother can attend remotely via telephone or video conference if she is unable to be there in person. The time difference needs noting in the application so the court is aware of this.

The application costs £215.00, and you can represent yourself so you don't need to engage a lawyer. You can also possibly get a fee exemption if you are on low income/have low savings.

For this you would need to fill out a fee exemption form: http://www.gov.uk/get-help-with-court-fees

I hope that this answers your question?

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Expert:  plclegal replied 5 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter