UK Family Law
UK Family Law Questions Answered by Verified Experts
At the age of 12 she does not get to choose where she lives, although the court will listen to her wishes and feelings. As the child has been living with you then I would suggest that you make an urgent application to the court for the following orders if matters can not be agreed between you and your ex - you would want to apply for a child arrangements order (which confirms where she lives), prohibited steps (to prevent her going to this school) and specific issue order (so that she goes to the school as originally planned). I would also recommend that you seek an order authorising the recovery of the child to you. I would suggest that you seek to deal with this in the morning. The form you need is here http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
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My name is ***** ***** I am a family lawyer - and of course there is always the potential for disagreement between solicitors.
I am sorry but I believe that in fact it could be unwise to try and force the return of the child in this way of she has gone to her father
Given her age her wishes will be seen as important - provided it is clear that she understands the serious nature of the choice she is making - with all the implications of changing schools etc.
You should try and organise an urgent appointment with a Family Mediator trained to work with young people who can ensure that your daughter's real wishes are brought to the
If you go straight to the court this week and your daughter feels that you are forcing her return you are more likely to lose her than to have her return to your care
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As I said there is always room for disagreement - and different solicitors take different approaches
It will all depend on how your daughter presents in terms of her understanding of the difficulties ahead of her if she does make this move - losing all her
old friends and having to start again.
You can make an urgent applictaion tomorrow morning - you will need to be in the Court at 9.30 - and be ready to explain your case directly to the Magistrates/District Judge.
It is likely that the Court will be unwilling to make an order tomorrow- but it is possible that a hearing will be ordered for the next day which the father will be invited to attend
I hope it goes well and that time to realise what she will face if she stays with dad will ensure her return
The orders that my colleague set out
1. Specific Issue Order that the child returns to your care and starts school this week while consideration id given about where she should live permanently.
You need to point out that moving schools would pre-decide the issue
2. A Child Arrangement Order setting out where the child will live permanently
You can find details of your local Family Court here
it is a matter for you, but I disagree very much with the advice my colleague has given. Different lawyers can give different advice but the welfare of the child is the paramount consideration. I would make the applications to the court as I have set out above and I would make them today. You need action not rather than to delay matters. You have stated that the father wants to change the child's schooling. This is an urgent matter needing to be dealt with immediately. I am happy to discuss
I hope that this helps. Please remember to rate positively - thanks