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I posted previously that i have no contact with my daughter since the split from my wife last August/September. I still phone my daughters school to check on how she is doing and what she has been up to. I have recently found out that application has been made to another school and that my wife has moved house with my duaghter and is now living with a new partner. I have no idea where this is apart from somewhere near this new school. Now I had to ask the school if they new of this and they said yes and I asked them what he outcome was of the move and they couldn't tell me. I was invited by the school last wek to attend to watch my daughter read, I turned up at teh school and waited and waited, then was told my daughter was off sick and that my wife had called and told them she wouldn't be in, she is now still currently off school and in the schools words they do not know what is wrong, nor when she will return. I was quite worried and as such phoned social services and the reporting body for absent children. The police were very rude and blunt and said they had spoken to my wife on a UK landline, that was it, I asked and if someone had visited the address and the Inspector said I needed a contact order and put the phone down. Social services were not interested unless the child was at risk, something which I pointed out them I did not know as I did not have an address nor did I know what her illness was. The school and absent childrens group really couldn't have cared less. Now again i have no injunction, anti-molestation order against me nor does my wife have residency of our daughter. Legally what can I do, I am worried that the new partner has some hold over my wife and could be some form of abuser, I am also concerned that my daughters welfare and education is suffering. I asked for an attendance record and it appears she has hadly been at school, the school say they will talk with my wife about her absence, but I am still worried that my daughter is suffering because her mother is just being spiteful and does not want me to have any contact. i am seeking a contact order as we speak and divorce was filed by my wife, but can she rkeep her address a secret so I have no idea where my duaghter is or who resides at that address??
Dear Ritchie_P
Thank you for your e-mail.
As you were married to yourdaughter's mother, you have Parental Responsibility for her. This does not become void upon you divorcing her mother.
Parental Responsibility is defined in s.3(1) Children Act 1989 as being:
"all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".
As you have Parental Responsibility, you have equal rights and responsibilities towards your children with the mother.
In terms of knowing your child's address, the law in this area is very grey. As a holder of Parental Responsibility you are within your rights to know the school and GP that your daughter attends.
We would advise that you apply to the Courts for a Contact Order and an Application for Disclosure of a Child's Whereabouts. A Judge would hear all the evidence put before them by you and the child’s Mother in terms of contact. They will then make an Order that is in the child’s best welfare. Once the Order is made it must be stuck to and any breach can be brought back to Court and the Order can be enforced. The Application for Disclosure of a Child's Whereabouts would be requesting that another organisation such as the DWP discloses the whereabouts of your child to the Courts.
To apply for a Contact Order you would need to complete a C100 form and for Application of Disclosure of a Child's Whereabouts the form is a C4. These forms can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee of £200 for the C100 form and a seperate fee for the C4 form. Once you complete the form you then need to lodge the form at your Local Family Proceedings Court and then the Court will write to you with a hearing date.
If you do decide to go down the Court Order route we would strongly recommend that you look at the Welfare Checklist which is listed below. This is a checklist which the Judge will have to take into consideration when deciding to make an Order:
The Welfare Checklist - section 1 Children Act 1989
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question
If you do require further legal advice and you are not instructing a solicitor please feel free to contact our freephone advice line on 0808 8020 008 open 8am-8pm Monday to Friday. Alternatively you can contact us via our webchat facility www.childrenslegalcentre.com which is open Monday to Friday 9-6pm.
Yours sincerely,
Coram Children’s Legal Centre
Thank you for your help on this. I will speak with my Solicitor this week and get some more advice. It is worrying I still have no idea as to what has happened or where my daughter is still.
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