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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 32824
Experience:  Award winning lawyer with over 15 years experience
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My 11 year old is ill. The doctor gave her a prescription

Customer Question

My 11 year old is ill. The doctor gave her a prescription for antibiotics today. Normally she would go to her father Thursday-Monday morning (court order). She became bery distressed and asked to stay home as she is not well. She rang her dad but he only agreed to tonight. She is very upset. He sent me this text "Hi Jane, I agreed with our daughter to let her stay at your house tonight. I have made it clear that she is coming over to mine tomorrow. Please make sure she is ready for a 15.20 pick up from your house tomorrow. Dan". Is there anything I could do as she is ill? Or does our daughter have to go when she is unwell?
Submitted: 5 months ago.
Category: UK Family Law
Expert:  Thomas Judge replied 5 months ago.
Let me see if I can help and please rate positive.If there is a court order in place then the court would expect the father to be able to look after her and manage the medication if she is ill at home. Technically you would be in breach of the order (even if she is ill) if you prevent the child from seeing her father. The ideal scenario would be to try and agree something with the father. If the child is obviously too ill (and you can get a letter from the GP) then I would imagine that the court would be sympathetic to her remaining at yours - but it is best to advice and discuss with the father. There is an excellent book which discusses these types of family disputes and explains in detail the law - to discuss. Please rate positive.
Expert:  Thomas Judge replied 5 months ago.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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