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Hi, i have a 8 year old daughter and split from her mother almost 6 years ago. We went to court and i obtained a visitation order for seeing my daughter, as the mother was acting up and being spiteful. The mother was granted residence. I see my daughter on a Saturday, the following Sunday, a full weekend, then the mother has her a full weekend and this is on a rolling 4 week basis. I also see her for 4 nights at Easter, 7 nights over the summer holidays and 4 nights at Christmas. The mother has stuck to this order as there was a penal attachment and she was threatend with prison by the judge at the time for her behaviour.
I live an hour away from my daughter but
I have a great relationship with her and the school have been brilliant, involving myself in activities such as parents evenings, plays, fathers day events etc.
However, in 2015 my daughters mother started a new relationship and had her new partner move into the family home. I never saw him and as my daughter seemed ok with him (she was 5 at the time) i had no issues. But during 2016 things seemed a bit strange, ex wouldnt leave daughter alone with him, daughter anounced he was not allowed to tell her off, him keeping a low profile. In July 2016 my daughter was handed over to me by my ex sister inlaw who told me there had been an arguement, my daughter had heard it but not seen it and she was a little upset. My daughter was left to tell me things and after contacting neighbours, it turns out the ex's partner attacked a neighbour with a knife, almost killing him. It went to court and he was sentenced to 5 years. Turns out he had 9 previous convictions ranging from drug taking, drug dealing, theft, aggrivated burgelry, carrying offensive weapons, assault with a deadly weapon and sexual assault. Also transpired he had mental health issuel.
My instinct was to get my daughter out of there and i contacted my solicitor. We approached the mother asking for full custody but she refused. Social services/courts saw no risk as he was now locked up.
However he is released under licience in January 2019 and presently is in an open prison. I have heard that the mother wants to move in with him upon release. He wont be allowed to return to this area but will return to where he came from up north, 3 hours away.
This means she would have to move up there with him. Where do i stand legally with preventing my daughter being moved up there with him ? I have contacted social services and they would monitor him for 8 weeks, but thats all. Would an application for custody be concidered by the court or as he's seen as being rehabilitated, would he be deemed as not being a threat.
Hi there
Whilst I would hope that a court would view this seriously, there are no guarantees that you would be successful...that said that shouldn’t stop you from trying and I think they would certainly give it serious consideration.
As it’s only 3-4 months away, I would suggest that you move now and apply for a Prohibited Steps Order to prevent her taking your daughter away and a Variation of the existing order to have her live with you.
You will need to show that your daughters best interests would not be served by moving her away, obviously the partners criminal history would play a big part in that, but you also want to consider things like taking your child away from her family network, on both sides. What accommodation is available, what school she would move to and what financial support is in place for the move,
Best of luck
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