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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter came to stay with me few days due to feeling

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My daughter came to stay with me for a few days due to feeling depressed with her living arrangements. She resided with her partner and his mother (who is/was trying to take over child decisions).
However during this period my daughter and her partner split up. Given this their 2 year old daughter is still with her father and won't let my daughter have custody.
At present the child is being shoved from pillar to post for childcare.
My daughter wants full custody and is more than happy for her ex partner to be involved in her Childs life.
If when we did have access and decided not to return her would we be within our rights?
Hi, thanks for your question. Just a bit more information required to fully assist you;-What are the current arrangements for the child, and how lomg have they been in place?-Are there any court orders in place?-Are there any child protection/abuse concerns from either your daughter or her partner?-Are/were they married or is the father named om the birth certificate?
Customer: replied 1 year ago.
Thank you for your quick response. There are no court orders, domestic abuse issues and no proper childcare arrangements in place. My daughter split with her partner beginning of April, and the access changes in a weekly basis. They agreed 50/50 access but that changes on a weekly basis. My daughter is able provide full time childcare, accommodation and can financially provide for her daughter.
Customer: replied 1 year ago.
They were not married and the father is named on the birth certificate.
Thanks for confirming. Firstly, as the father is on the birth certificate he has parental responsibility which entitles him to be consulted in relation to major decisions in her daughter's upbringing - such as health, education and religious decisions.In relation to the child's arrangements, the child has a right to a relationship with both parents and this can only be reasonably withheld if either parent cannot provide adequate care or if there are child protection concerns. In response to your specific issue, if your daughter were not to return the child to him, then this would be a civil matter and he can pursue an application to the family courts for a child arrangement order. However, I would not suggest that she does this without notice to him as it would likely cause animosity and problems between them. I would suggest that she puts her proposals in writing explaining why her being the main carer is in the child's best interests. If he does not voluntarily agree to this after her formal proposals, I would suggest that she makes a referral to an independent mediator (you can find local ones here: The mediator will assist them both in reaching an amicable agreement that is in the child's best interests. If mediation does not help, she will then be able to pursue an application to court under Form C100 together with a £215 court fee to her local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned (although the child is too young to express these at the moment, so assumptions will be made)2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
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