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TOPIC: Any chance to win in court?

Any chance to win in court? 3 years 3 months ago #75607

  • justy
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Hi,
I am separated with my ex wife since 4 years. Separation was my ex idea.When we get separated we agreed to take care about our daughter on half. She was spending 3 days with mother then 4 with me, in nex week it was 4 days with mother and 3 with me. Few days ago I got a divorcing papers from her and she told me that she will take care about our daughter from Mon to Fri. I am going to have a new family my partner have a son he is 8 my daughter is 10 so they are in really good relations. My ex is alone working till 5pm, and she do not have much time for her. Most of school terms and half terms she could not take care about becouse she was goin for a holiday or even when she was at home she did not take care about our daughter.
I would like to know if I have any chance to take care about my doughter and sent her for a weekend to her mother.
Thank you for any help

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Any chance to win in court? 3 years 3 months ago #75619

  • Mojo
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Hi there

To be honest it's unlikely that a court would award you residency (custody) if there are no serious risks to your daughter from her mother. However as you have had 50/50 shared care of your daughter for the last four years you are in a good position to try and get that made into a court order.

Your first step has to be mediation, but if this fails or the mother refuses to attend the mediator will sign the court application form so that you can apply for a Child Arrangements Order for shared residency. Here's a link to the mediation service

www.nfm.org.uk

If it gets as far as court you can instruct a solicitor to do this for you which is very expensive, or you can do it yourself. We have many dads here that have chosen to do it without a solicitor with much success. The other option is to find a good McKenzie Friend who will be able to help you with the forms and statements and attend court with you, although they can't speak for you without permission from the court.

If you have a read through the stickys at the top of the legal eagle section you will find lots of information about what will happen and we will also advise and support you as much as we can.

All the best

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

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