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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1363
Experience:  LLB (Hons)
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My daughter is scared to go back to her mother's house as

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hi my daughter is scared to go back to her mother's house as she keeps shouting and being horrible to her. We already have court order in place for shared care, 1 week each but my daughter has said she feelslikekilling herself because her mumisso horrible her. she suffers from suspected narcissistic personality disorder. Should I put in an urgent application? how long would it take to be heard if I did? she's due to go back to her mum's on Friday 17th January...
JA: What steps have been taken? Have any papers been filed in family court?
Customer: only the previous court cases from last year
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: its west London family court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thats it for now

Hi, I'm Lea and I have reviewed your query.

 

Was the order final? How old is your child?

 

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.

Customer: replied 13 days ago.
yes the order was final. she is 12
Customer: replied 13 days ago.
I have a current MIAM as well

How long ago was it made?

Customer: replied 13 days ago.
the order was made in July 2019

What has changed since July? Were the issues you are raising now in existence when the order was made?

Customer: replied 13 days ago.
yes that was the reason for the original court application but CAFCASS did not believe my daughter or myself so instead of going to trial we just agreed on a care plan of one week each. She lied throughout and misled cafcas and the court but there was nothing we could do...

If you believe that your daughter is genuinely frightened, then you could make an application for an urgent hearing for a prohibited steps order to prevent mother from removing the child from your care whilst the court re-evaluate the order and investigate the matter further. You can do so on form C100 - you do not need to attend a MIAM for an urgent hearing. You can ask for an urgent hearing on the basis that the child is due to return on 17th and you wish to stop that. I would not suggest that you retain the child without making the application.

 

Does that assist?

Customer: replied 13 days ago.
yes thank you...do you think they will process it by Friday?

I would suggest that you make the application as a matter or urgency first thing tomorrow morning. You will need to phone the urgent line, once you have completed the C100 (plus three copies) and ask for an urgent appointment to file it. The court will take the form and payment, and then put the matter before a judge that day to decide if the matter needs to be heard without notice and urgently (i.e. that day) or with notice to the mother so that she can appear and give her side of things.

 

If the court believes it to be urgent enough, they will list it either immediately or within 48 hours.

 

 

Please kindly take a moment to rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. Thank you.

SASH_Law and other Law Specialists are ready to help you
Customer: replied 12 days ago.
Thankyou...sorry for delay responding. I will rate 5 stars...could you please let me know what wording you would potentially use in the urgent application as the reason?

You just need to state what you said above - that your daughter is scared to return to her mother's house, and fully detail why - e.g. what words she uses when shouting, what she is shoutign about etc. You also need to state that your daughter has threatened to harm herself, as that is a very serious cry for help, and the court will want to know about it.

Customer: replied 12 days ago.
Thank you. Appreciate it

You're welcome.

 

All the best.