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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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The question is am I able to apply for a child arrangements

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Good evening. The question is am I able to apply for a child arrangements order in the UK as a mother - main carer? Me and ex husband have signed an agreement when getting divorced in Latvia that we share a child 50/50 with no maintenance payments. It's not a court consent order as was simplified divorce procedure performed by a notary (solicitor). The agreement was never carried out properly. Police has been involved twice. Last time as a father refused to answer when I get my daughter back. It's always very poor communication, bad language, lies about me to our daughter, lies to authorities about me being incompetent mother, disrespect from his side. Thus I'd like to obtain a legally binding court order in the UK as we both with daughter 7 years old reside in here. Ex comes and goes, is a seaman, and doesn't have suitable living conditions. I know it's very unusual as normally a father should go to a court in order to see a child. But the situation is very unpleasant to me and so stressful that I had a health problems for half a year. Probably he wants to be a main carer as believes he still has 50% of rights and no obligations. Daughter spent with him 14 nights over last year after divorce. And some days. Maintenance never has been paid and refused nevertheless. Regards.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: The mediator will assist you both in reaching an amicable agreement that is in the child's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your 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
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

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