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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3219
Experience:  LL.B (Hons)
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I would like to know how I go about getting a court order

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Hi I would like to know how I go about getting a court order for custody of my daughter iam keeping her from now on from my ex wife as I feel she is better off with me and better well being
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No not yet
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: North Lanarkshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: What is my rights

Hello my name is ***** ***** I will be the expert assisting you with this matter today

Please note there may be delays between messages as the experts on this website are all third party and are not on here full time.

You will also receive a request for a phone call. This is automatically generated by the website. I would be happy to facilitate a phone call with you however, do note that there will be a premium service charge should you accept this, you of course, do not have to click the phone call option.

Thank you

Can you tell me why you don't feel the child should be with your wife? Have you stopped all contact?

Customer: replied 1 year ago.
Hi there I have been separated and divorced from my ex for over 3 years . I get my daughter every 2nd weekend and anytime at holidays. But for the last year to 2 years she doesnt wnt to talk or contact me reagrding my daughter she isnt interested and I have to try going through my older 18 year old daughter who also lives with her but I dont wnt it to be that way its not fair. My 18 year old daughter and my 7 year old sleep in the same bed my ex doesn't interact with her alot and my daughter has missed alot of activitys at school because she doesnt take her. She isnt registered with a doctor or dentist either up at her mums and does nothing outside school with her holidays days away or spends any of my child maintenance on her either.
Customer: replied 1 year ago.
I would rather text please iam nervous on the phone.

You can ignore the phone cal request as it is automatically generated by the website.

So if you are going to keep the child from her mother then you will have to prove to the court why you feel this is best. Being honest this is usually for safeguarding reasons, not just bad parenting. However, if you wish to do this then I would still offer contact to the mother as the courts may not look to favourably on this. It is important to note that the courts are only interested in what is best for the child so ensure you focus on that. Before you make any application to the court you have to at least try mediation, it may be the case that the mother is not intersected in which case you can proceed to court.

To find a mediator in your local area, use this site :

http://www.familymediationcouncil.org.uk/find-local-mediator

In order to apply to the court, you will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to your local family court centre. Or you can ring the court and pay over the phone (or pay in person if you go directly to the court and pay at the counter). If you are on low income/have low savings you can apply for a fee exemption here:

http://www.gov.uk/get-help-with-court-fees

Once you apply the court will list a hearing where you and your ex attends. There will be a family advisor there too (from Cafcass) and if arrangements can be agreed then a consent order will be drawn up.

You are goings to want to gather as much evidence as you can to prove your portion. It is also possible that Cafcass will get involved and make a report to the court so you are going to want to speak to them too.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross

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