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My 15yo daughter is unhappy living with her mum and step-family, and wishes to live with me and my partner. They live 160 miles from me. She will be 16 in a few months and has said she will come and live with us then anyway. We feel that if that is likely, then it would be better for her to move now before the school year starts. I know she only has one year left at school, but her school report was awful and showed how unhappy she is, and how little support she is getting at home.
They have just spent a year going through a Children and Family support process, and although the CAF team are happy with the outcome, neither my daughter nor I can see any changes.
But, her mum does not agree with her living with me, and is talking about legal action and getting the police to come and get our daughter.
If there was more time I would go back to the court and try to get a change to the residency order, but as the new school year starts in about a month, and as she is 16 in November I don't see how this would be done in time.
Where do I stand?
One possibility might be (and you need legal advice before this happens) might be for your daughter to runaway from home and turn up on your doorstep. If you rang the police as soon as she turns up, I would suspect that the police would be extremely unlikely to return her to her mother if your daughter said she's just run away again, and by ringing the police, you have made sure that the police won't persue you for any criminal act.
You could then make an application for residence (cost you £200 for the court fee) and realistically, by the time anything gets to court, your daughter will be 16 and the whole thing becomes irrelevant.
I will ask the CCLC whether they are able to comment - this is a rather unorthodox approach so they may not be able agree with my opinion (and may point out any problems I have missed), but ultimately if your daughter is unhappy where she is, that should be the overriding factor.
Hi
The cclc have asked if you can give them a call as it's quite complex, but please post back here how you get on.
Thanks for the advice. I've spoken to CCLC and basically they said sit tight and wait to see what my ex-wife does :whistle:
I's complicated due to my daughters age as although technically I should return my daughter to her mum to comply with the Residence Order, my ex would need to get a court order to enforce it, and by the time we would be in front of a Judge, it would be too late. And if she were to contact the police or social services, all they would do (probably) is check to make sure my daughter is safe, happy and not being kept here against her will.
She's now been offered a place a the local school, and I've spoken to her old teacher who said that in the circumstances (she knows what's been going on at home, and how unhappy my daughter is) her changing schools and living in with me is understandable and probably for the best.
So, all good so far 🙂
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