Ask a Law Question, Get an Answer ASAP!
Hi, I'm Lea and I have reviewed your query.
Is there a court order in place for your child to spend time with her father?
Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.
So there is a court order that states she lives with you and spends time with her father, or that she lives with both of you at different times?
Please be specific - or attach a copy of the order using the paperclip.
If there is no court order in place then both you and the father have equal parental responsibility for the child, which means that she can live or spend time with either of you at any time - and either of you can exercise your parental responsibility.
If you don't want to, or can't, agree together how the time split should be done, one or other of you will need to apply for a child arrangements order and the court will make a decision based on the child's best interests.
If you unilaterally decide to stop the father seeing the child, he is entitled to turn up at the school and collect her and then you may find yourself in the position of not having contact with her. It would be preferable for you and the father to reach an agreement, via mediation if possible, and if not, then for one of you to apply for a court order.
Does that help?
Have you asked the father if there are any issues?
You could try asking the school if they have a counsellor who can speak to your daughter.
Please accept and rate positively using the five stars at the top of your page as that is how I am paid for assisting you. You will still be able to ask clarification questions if you need to. Thank you.
Hello, can I ask that you kindly return to the site to rate positively for the assistance that you received as that is how I am paid for my time. Thank you.
Please rate first and I will be happy to respond to your further question after you have rated four or five stars.
Legally I have given you the options available to you...and this is the legal forum.
Practically though, you could see your GP, talk to the father, talk to the child's teacher - see if there is an actual issue, and then take it from there.
And of course - if you think there are safeguarding issues regarding the child with the father, then you are in your rights to stop contact. But if you choose to do so, I would suggest you make an application to the court for a child arrangements order.