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SASH_Law
SASH_Law, Lawyer
Category: Law
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Experience:  LLB (Hons)
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I need some advice on a custody issue, no, richmond

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I need some advice on a custody issue
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no
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: richmond yorkshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hi, I’m Lea and I will be assisting you with your query today.

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Customer: replied 13 days ago.
Hi there I'm looking for some advice. My ex and I split up 6 years ago we were married. We have a little girl shes 8 born through IVF. My ex husband was really abusive and we had support from the domestic abuse team through the police. All that has died down but when we were getting divorced he refused to go to mediation and refused to make any arrangement with regards ***** ***** daughter he was only interested in the financial side. He then hasnt bothered with our daughter for now over 2 years, we havent heard from him he never tries to contact her, I inform him on anything that happens medically etc he never responds. were totally ok with it shes not now bothered and nor am I... HOWEVER I have to seek permission from him to take her on holiday and every time he is really difficult, doesnt reply or says no which is ridiculous. I need to be able to make these decisions without his input and also hes estranged I have no idea where he lives.

If you and the other parent cannot agree on the child arrangements, and this includes on matters relating to medical and travel, then you are supposed to try mediation as a first port of call; you will need to attend a MIAM at the very least before applying to court.

If mediation is unsuccessful or the other parent won’t engage, the mediator will sign your form and you will be able to apply to court for a child arrangements order. It is also possible, on the same form, to apply for a specific issues order to be allowed to take the child abroad without the father's consent - however as this application can be achieved with a child arrangements order, the court may not make that order - but you should apply for both (on the same form) just to make it clear what you are after.

Unfortunately the court is not likely to limit his parental responsibility so they are unlikely to dispense with you needing to confer with him over major decisions such as education and medical care, but that is something you can discuss with the judge.

You apply for both orders on form C100, and the cost is £215 unless you are on a low income or benefits in which case you may be entitled to fee remission, see form EX160. The court will make a decision based on the best interests of the child.

Find a mediator here: www.familymediationcouncil.org.uk

C100 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

EX160 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952045/ex160-eng.pdf

Customer: replied 13 days ago.
I have been to mediation he refused to go I have the letter you mention. I have no idea where he lives how does that work? It is ridiculous that I have to ask permission to take my daughter on holiday when he hasnt seen her for years and has no interest in her?

If you have an email address, an old address of a family member, his last address - a phone number, put that on the court form and state these are the last known contact details you have for him. The court can do an address search via the DWP if necessary.

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