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I have had joint care of my daughter since I split from her mother in July 2012 (she had an affair) on Saturday she informed me that she thinks its best if my daughter stays with her every week night (we only live 3 miles apart) She says I can see my daughter during the week but only by prior arrangement. Is this legal, We never married but I am on the birth certificate and my daughter has my name!!
I'm a complete mess over this at the moment...Can Anyone help!!
Hi there, sorry to hear this has happened.
How old is your daughter and was your shared care arrangement a private one or subject to a court order?
If you have a court order, you can apply for enforcement.
If you have a private agreement, you would have to set up mediation as this is now mandatory before making an application to the court.
If you are able to agree in mediation then great, if not, or your ex refuses to attend, the mediator will stamp a C100 Child Arrangement Order application form for you. It costs 215 but you can represent yourself as many Dads on here do.
If your daughter is older, her wishes will be taken into account & IMO you would be in a strong position having had shared care for the last 2 years.
You can also phone Coram Childrens Centre's helpline for free legal advice. Some solicitors offer a free 30 minute consultation so it's worth calling around if you want to clarify the advice on here.
You never know, mediation might be enough to get your ex back on track with your arrangement.
Good luck with this π
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