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I am new to this site as I am trying to get advice on child custody, My x-wife currently has custody of my two girls and I see them once a week, my problem is this . When the girls come to my home the oldest child aged 12 deos'nt seem to be happy and always asks if she can stay. I would love to have them both live with me and my partner but we don't have the room at the moment as we have my partners 17 yr old still at home. is it possible I could have my eldest daughter live with me and my partner or will I have to go through the courts, I have Perental resposability for the girls as they were reregistered when we got married. any info would be greatly appreciated thanks. philipll.
HI Philipll
Welcome to the community here. What we would like to do is get our experts over at the Childrens Legal Centre to respond to your post with some advice for you.
You mentione that you have 2 girls but are only looking at custody of your eldest. It might be worth you thinking about the impact this could have on your youngest. The courts will look at what is best for the child and sibling contact will play a big part in that. Just a thought.
We'll get the CLC to log on and gve you some guidence.
all the best the Dadtalk Team
Thank you for contacting the Children’s Legal Centre, an independent charity concerned with law and policy affecting children and young people.
The easiest way for you to have one or both of your daughter’s living with you, is if the mother will consent to this.
As both you and the mother have Parental Responsibility you do both have the right to have the children living with you, however if their residence has been established at the mother’s home and you refuse to return them, the police and/ or courts may become involved to return them.
Generally this option is not thought to be best for the children as the mother would also have the same right as you to have the children living with her and this can be very traumatic if the children are being pulled between both parents.
If you would like to gain residence of the children officially and the mother will not agree, the option you will have will be to make an application to court for a residence order.
A residence order is an order stating who the children are to live with, and this will be valid until the children are 16 years old and able to make their own decision as to where they live.
In order to make an application for residence for one or both of your children, you can either use a solicitor or represent yourself. To represent yourself you should download forms C100, CB1 and CB3 from www.hmcs.gov.uk . The 100 is the application to the court, the other forms offer information and guidance on the court process and anything else you must do.
When the matter goes to court your ex partner will also be present and both you and she can put your arguments before the judge. Generally there does have to be good reason to change a child’s residence, however the court are able to do this if they feel it is best for the child or children involved.
You seem to be asking more about residence of your older child, and the court would look at the impact of changing the child’s residence and of separating the children. The opinions of the children can be sought by a CAFCASS officer, but these will not be overriding and the court will do what they feel is in the best interests of the children.
We hope this information is useful to you, should you require further advice please contact our Child Law Advice Line on 0845 120 2948.
Kind Regards
Children’s Legal Centre
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