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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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I have split from my husband just recently and have tried to

Customer Question

I have split from my husband just recently and have tried to make arrangements amicably. I have just handed our 2 year old daughter over to him for the weekend as its Fathers Day Sunday. He informed me that as a surprise they are going to visit his brother in Wales on Sunday. And that the arrangements I made for Monday pick up are not suitable for his parents. I had asked that our daughter be dropped off to me at the local Tube station at 10am. My husband is insisting that legally I cannot him from seeing his daughter whenever he likes and I cannot keep him from coming home as it is a joint council tenancy. Please can you advise me as to whether he can take her to Wales even though I fear he will not return. And whether or not he can return home against my wishes.
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. What have the arrangements been to date?

Customer: replied 9 months ago.
This is the first arranged visit. As I said I have only just split from him on Sunday 11th. The arrangement was i drop our daughter to him after he finished work and i would collect monday at 10am. I asked that if any changes needed to be made that they email me as soon as possible so I could try and re-arrangement for a more suitable time for all. The trip to Wales is out of the blue and hes insisting he will come to the flat and come 'home'.
Expert:  Harris replied 9 months ago.

Thanks for confirming. Unfortunately, the difficulty that you will have is that no court orders are in place so legally you are both entitled to make arrangements yourself which are not enforceable. If you continue to object to the arrangements he has proposed you will need to urgently apply to court.

You will be able to pursue an application to court under Form C100 together with a £215 court fee to the local family court for a child arrangement order as well as a prohibited steps order (to stop the arrangements) 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

I hope this assists you. 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 your question without a positive rating. Thank you

Expert:  Harris replied 9 months 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. You will not be charged for providing a rating.