Hi,
I have had a child arrangement order for my daughter since she was a few months old. She is now 8. This is arranged for every other weekend & 1 day per week (not my choice I did want more access but she would not agree)
At the start of January her mother told me she no longer wanted our daughter full time, she would be better with me & my partner. Something my daughter has wanted for a long time & expressed to her mother.
So my daughter moved in with us. Her mother had been home schooling for a short period of time before this. When she moved in I applied for a school local to us & registered her at our local doctors.
We have made contact with CSA, they have now processed me as the main carer & have her mother down as the payee. We have also informed child benefit. This is still in process.
My issue is I have always always had problems with her mother. Threats etc. Something that again happened today. Hasn't really ever been amicable. I am concerned she will not hand my daughter back on her next planned stay after a comment that was made today.
My question is what happens with the court order in place when I am now main carer? What do I do? Mother lives a 30mile round trip from us & has already made it clear she will not/cannot do school runs etc. I don't want to stop my daughter seeing her mother when it's something my daughter wants. But also do not want to put my daughter through anymore upset than she already has been these past few months. I'm sure if she did not bring her back when she should the police would not get involved.
Thanks
Hi,
If she does not return child, you can apply to court with enforcement application. Then at same time could ask court to vary order as child wants to live with you/already living with you.
Can I check here - is the court order currently that your daughter lives with her mother, but her mother has informallly changed this? If that's the case, do you have anything in writing/email/text to confirm this? If so, I'd look at going back to court to get the CAO amended, and potentially withholding contact for the moment on the basis of what has been said. I'd look at getting professional legal advice asap on this, as potentially you will be the one in breach of the order, but if you can give a good reason for doing so, and are applying for an amendment at the same time, then hopefully you are covered, but as I said, get professional legal advice on this.