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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26775
Experience:  Senior Partner at Berkson Wallace
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I would like to know if i can stop my daughters contact with

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i would like to know if i can stop my daughters contact with dad because i dont trust that he will return her and move away without telling me.
JA: Where are you? It matters because laws vary by location.
Customer: Andover, Hampshire
JA: What steps have you taken so far?
Customer: I have applied through court and looking at legal advice. ive had this said to me by my daughters school and she has expressed for a while that she doesn't want to move with dad and wants to stay with me. she has also expressed to me that she doesn't want to go back to dads
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He is moving home to cornwall originally he said she would stay with me but has since changed his mind and said shes moving with him weather myself or my daughter likes it

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

How old is she?

and do you have any child contact orders in place at moment?

where does the father live now and he is moving to Cornwall?

Customer: replied 11 days ago.
she is 5 years old.There is no official child contact orders in place at the moment. She stays with me 1 week then with dad 1 week.
the father lives in andover as well and yes he was meant to move to cornwall end of feb beginning of march but has now been delayed to august

Not a good idea.

But if there is no court order you can apply for a Child Arrangement Order called a Prohibited Steps Order to prevent this under threat of arrest.

Fortunately, there is a lot of information on the Internet about Child Arrangement orders and the government have actually produced a guide on the subject which is here.

https://www.gov.uk/looking-after-children-divorce

The different types of Child Arrangement order are:

1 A Contact Order which specifies when parent sees a child, it is no longer called "access".

2 A Residence Order to determine who the child lives with, it is no longer called "custody"

3 A Prohibited Steps Order to prevent a parent doing something with the child such as moving away either in this country miles away or taking the child to another country. Particularly relevant if there is a chance that the parent would go to another country and never return. The parent wishing to prevent the move would have to convince the court why it’s not in the best interest of the child to move. Friends, support, school et cetera et cetera all taken into account.

A Prohibited Steps Order is to prevent child Abduction and it’s one of the few areas of law for which legal aid is sometimes still available. It’s often therefore worth seeing a solicitor.

4 A Specific Issue Order to allow a parent to do something specific with the child such as moving away to another part of the country or indeed to another country. . The parent wishing to move would have to prove why it’s not in the best interest of the child to move.. Friends, support, school et cetera et cetera all taken into account. It would also encompass things such as changing school if the parents cannot agree, changing the child's name, and anything other specific.

The courts will not get involved in a Contact or Residence order unless the couple have been to mediation first. So the couple would have to try mediation even if it subsequently fails and the matter proceeds to court. That doesn't apply however if something is required in an emergency such as a Prohibited Steps Order.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 11 days ago.
Okay i did already apply for that 4 weeks ago but haven't had any response and i believe that it will be too late by the time this does happen or they can put a order in place. we did go to court and the final hearing was 5/1/22 with no court order as dad was working with me but since then changed would i still have to do another MAIM before going back to court for a urgent court hearing

If you thought it was imminent then you should have made an emergency application.

Because this is urgent, you can attach a Certificate of Urgency (a letter headed as such) explaining the circumstances and asking for this to be put in front of a judge at the earliest opportunity.

Depending on the nature of the application and the court loading, you could get an interim order within 24/48-hours.

It is better if emergency applications are handed in at the court office rather than sent in the post.

So I would suggest that you did the certificate of urgency letter, referred to the existing application, and ask for it to be placed in front of a judge at the earliest opportunity.

For a Prohibited Steps Order there is no need for mediation

Customer: replied 11 days ago.
Okay thank you
Customer: replied 11 days ago.
What do you think is the likelihood the the prohibited steps order being granted

If you have an email or something like that wherein he has threatened to try to remove the child to another county, I think the chances very good and it is worth going for.

If he takes the child without consent, then you can always make an application for a Specific Issue Order to compel him to bring the child back.

Customer: replied 11 days ago.
okay thank you for everything
can i get this conversation sent to my email at all

We can’t do it by email. Sorry. But you can select copy and paste into Word.

Hello again.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

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