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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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L have parental responabilty 13 year old daughter, her

Customer Question

l have parental responabilty for my 13 year old daughter, her mother assaulted her which caused injuries to her also assaulted her auntie causing A.B H. she is trying to take her out of the county for 3 days, my daughter has been living with me this passed week the police are in the process of arresting her mother, have l any legal rights to stop her going?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Given the seriousness of the incident and until it can be ensured that your daughter is not at risk you should not be returning her to the mother's care and you can oppose thr travel abroad. To ensure that thr position is legal you should make an urgent without notice application to your local family court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and for a prohibited steps order to prevent the mother removing her from your care or abroad. The court can make a decision regarding the matter on the day when you attend in person to issue the application. 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
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If 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

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.