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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35056
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi Ive recently split with my husband, our youngest daughter

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Hi I've recently split with my husband, our youngest daughter lives with him but we both have parental responsibility for her. I would like my daughter to live back with me, Can i just tell my husband she is coming back to live withy me or do i need to take him to court to get her back.
Many Thanks Clare
James Mather
How old is your daughter?
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Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your questions !
How recent is the split and doe your daughter wish to live with you?
Claire
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Customer: replied 5 years ago.

Hi my daughter is 2 yrs old, and me and my husband split up only a few weeks ago

Hi
How was her care shared before the separation?
Claire
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Customer: replied 5 years ago.


My daughter lived with my husband as we lived in separate houses, but she was always at mine. only really slept at my husbands place, what happened was i got post natal depression with her so from a young age he took her away from me and didnt have much of a choice but for a long time i have said to him i want my daughter living back with me. But he says no
Hi
So when did your daughter last spend the night in your care?
Claire
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Customer: replied 5 years ago.

Friday the 4th and she due to stay again on friday the 11th
Hi
So how is her time actually shared between you each week - and are there any other children involved?
Claire
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Customer: replied 5 years ago.


Yes i have 3 other children which live with me, 2 are his step children and my little boy who is 4 is his real son. i've been having my daughter every other monday, wednesday mornings and thursday and sleeping evry friday. but before we split she was here everyday

Hi
I am afraid that to change the living arrangements for your daughter you will either need to have the agreement of your ex or an order from the court.
The current arrangements are clearly not satisfactory and you should try and negotiate a gradual increase in the number of nights your daughter spends with you until there is a better balance between you.
You should try and discuss this with your ex using Family Mediation - but if this fails then you will need to apply to the court for a shared residence order.
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 35056
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Customer: replied 5 years ago.


Ok thank you for your help
Hi
You are most welcome
Claire
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