How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

Can a mother claim residency when her 15 year old daughter

This answer was rated:

Can a mother claim residency when her 15 year old daughter escaped from the stepfather to live with the maternal grandmother 15 months ago and the 12 year old daughter has now escaped to live with her father. The mother is a solicitor for wills and probate with a well known firm of solicitors and we are concerned this is giving her an unfair advantage.
She has agreed to let the 12 year old live with the father but refuses to allow the girl to change school near the father's home. The father has to leave home at 7am to get the girl to school, travel 30mins to his workplace, travel back to collect the girl at 4.30pm thentravel back to his home town, which is in another county to collect his one year old daughter and then has to look after baby and 12 year old until the mother returns from work at about 11.15pm. The 12 year old is so stressed she is occassionaly wetting the bed and the father, (my son) is so tired I fear for his ability to drive safely. We are trying to help. The 12 year old refuses to see her mother so my son cannot allow the mother to help with the transport although she agreed at court to do so which influenced the judgement to send the case to cafcas in January or February. We will all be ill with worry by then.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the last hearing?
Customer: replied 3 years ago.

About 2 weeks ago I think, at Wellingborough Northants after a hearing at Northampton court. My son does not know I am contacting you. The mother and stepfather suggested an out of court agreement that my son could have the daughter to avoid court fees. I fear this has left my son vulnerable. Allegedly maintenance and child allowance are in hand but not due for a matter of weeks at least. The mother's only means of access at the moment would be by transporting the daughter to or from school.

The stepfather is an ex solder from the Falklands who allegedly, according to the 15 year old daughter, had shell shock or something similar.

For clarity what is the distance between home and school?
Has the mother agreed that this shoudl be a permanent move?
Customer: replied 3 years ago.

From Melton Mowbray Leics to Corby northants.

The 15 year old intends to stay with her grandmother until she is 16 in December next year. The 12 year old intends to stay with her father from now on, but I do not know what the out of court agreement was. I doubt if the mother wants permanance if she can get away with temporary. Proof is the problem here. Can she really dangle us all on her cruel emotional string like this for as long as she wishes.

The 15 year old left home because the stepfather rubbed a dirty rag around her face and neck and threw a jug of water over her because she was crying about a damaged handbag I believe. The 12 year old hid in the corner of the room cringing and crying when he dumped all her belongings at my house, jumbled up in bin bags. How permanent does that sound to you?

I shall not look at my email again until tomorrow thankyou

I am not at all certain what it is that you need to know.
It appears that it has already been accepted that the children have made their decision about where they wish to live and have moved and this is no longer opposed by the mother.
Your son will have applied for the Transfer of the Child benefit - and will no doubt apply for Child Maintenance if need be.
The mother has yet to agree the transfer of the school - although this is likely to be temporary as the travel arrangements are clearly not appropriate and it will make more sense for the child to move to a local school.
This is likely to be decided in court early next year - indeed it is very likely that the mother will concede it at the Court door again
In the mean time there is no action that can be taken until the CAFCASS report has been completed I am afraid
If I have not covered the matter giving you concern then please let me know
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

This is of some use because if there is a good chance the school can be changed I am prepared to pay for temporary taxi transport if I can afford it.

Thankyou - Liz

Is your granddaughter willing to change schools?