UK Family Law
UK Family Law Questions Answered by Verified Experts
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Your partner is not correct - it is for your both to agree what time the child should spend with each of you - the fact that there is an Order stating that the child lives with her gives her no extra rights other than the right to take her out of the country for up to 28 days without your prior agreement.
If the matter does go to court then she will discover that the courts will indeed see the passage of time and your reconciliation as being significant events in terms of rendering the previous order irrelevant.
You should make an urgent appointment to see a Family mediator for a Mediation Information and Assessment meeting - and if your ex will not agree to mediation then you may well have to invest £215 in the court fee and allow the court to decide the matter
I hope that this is of assistance - please ask if you need further details
Why will she not let her stay overnight with you?
You cannot force the issue by simply keeping your daughter overnight - but you need to make it clear that you WILL go to court if necessary - and you will be successful.
Simply because your ex is acting badly is not a reason to act in the same way - children should never be the rope in a Tug of War.
Your ex wants to dictate what happens based on an Order made years ago.
In the event that she waved the Order to the police they MIGHT insist you return the child - although equally they may not - either way it is not right for your daughter.