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[Solved] Starting an Action


Posts: 1
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Topic starter
(@McArevey)
New Member
Joined: 12 years ago

Hi All,

New to this. Looking for some advice on commencing an action in the family courts.
There is a cuurent order giving my Ex-wife sole residency. I get the usual every other weekend and the courts stated that there should be no order as to contact with my eldest daughter, who given her age should be able to chose when she stays with me.

My eldest daughter constantly has her requests to stay with me denied by her mother. My eldest daughter wants to live with me full time. She once refused to return to her mothers but the Police removed her from my house and returned her to her mother.

My daughter is 14 years old and has asked that I go to court and have the existing order amended so as to allow her to stay with me. I did apply to have the existing order amended but this was returned to me stating that the case was closed and that I should seek legal advice, which having just spent four years in the courts I can not afford.

Any advice would be gratefully received.

Kind Regards,

1 Reply
1 Reply
 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

Hi

A good starting place is yoji's "guide to representing yourself" a the top of the legal eagle section. I assume that what you are after is a new application for a residence order. Courts generally don't change the residence unless there are welfare concerns for the child, but as your daughter is 14, her opinion will certainly be listened to. The other option is to stick it out as best as possible until your daughter is 16 - at that point, she can do as she pleases and your ex cannot do anything to prevent her from living with you.

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