[Solved] the law

Hi Paul,

I think a residence order would allow her guardian to take her out of the country without your permission for up to a month. I'm not sure whether a temporaray order would actually permit this, so you should seek further advice on this.

What was the level of contact you had with your daughter prior to her mothers death and have you had much contact subequently?

FM '70

Hi Paul and welcome.

I'm not sure on the situation about this - I would think (though I could be wrong) that the temporary residence order conditions would be assumed to continue unless there was a good reason not to, for instance you applying for an order yourself.

However, the fact is the holiday has happened, so the question is more now as to what you would realistically like to happen moving forward.

i had my daughter most weekends

i did apply for a order myself

Hi Paul,

I agree with ACTD in that there's very little you can do now the holiday has happened. What is it that you would like to happen?

I note that your daughter is twelve, so the court will have placed weight in what she wanted to do and where she wanted to be. This isn't necessarily a reflection on you. She lost her mother, so the court doesn't want to traumatise her further.

You have mentioned that she has been brainwashed, in what way would you say this has happened? Do you still have regular contact with her?

hi filmmaker the reason i say she was brainwashed against me because when her mum was alive her and her b/f all they did was pay her of with money and as i had none hardly they made me out to be bad my ex was a drunk (which killed her in the end) and they both took drugs my daughter was raised sadly thinking only money gets u by she as never know love and i dont have regular contact because they moved her 300 miles away after telling the court she wanted to stay with her half sister as she was near freinds it was all a pack of lies they told chrildren services now they have moved and i dont get to see my child which is stressing me out because i dont know what there doing she aint even in a school yet as far as i know surely they are breaking the law all this stress worrying about her aint doing me no good

It's clearly something that weighs heavily on your mind 🙁

I think residency is going to be an issue, purely because of your daughter's age and her desire to be with her step sister. You shouldn't take this a reflection on you. She's a teenager who's lost her mum and won't really know what she wants, so she'll choose what she knows and is familiar with. For now.

I think you need to be patient and attempt to re-establish contact. Take it slowly and get to know her again. You have to have a more long term strategy.

Have you managed to have any telephone contact with your daughter? Is it possible to arrange a visit and spend a little time with her? Or suggest that she comes to you for a week or so?

hi the reason i say she is brainwashed against me is because from a early age my daughter has been shown that money is all thats important not love sadly her mum and her mums b/f always used to belittle me because he was into drugs looking back i wish i had taken them to court when my daughter was younger but i never and sadly i have to live with the fact that has probaly lost me my daughter for good i had her most weekends when her mum was alive because all they wanted to do was get drunk since her mother died hardly no contact where she told the court i would be i blame this on the courts for never getting back in touch with us too now they moved her over 300 miles away so i have lost her for good i just hope when she is older she realizes how they turned her against me always been a good dad and tryed to show her love but she not intrested in that its money i have decided as much as it hurts to stay out her life and hope one day she will look for me (wont hold breath) i love my little girl and miss her but maybe staying away is for the best

These situations always sadden me 🙁

My advice to you Paul is to not give up on your daughter. I honestly can't imagine a situation where I wouldn't fight tooth and nail to remain a constant presence in my son's life.

I'm really struggling to understand the scenario as you've described it. You were enjoying regular weekly contact with your daughter until last year when her mother died. You applied for a residency order, but - due in part to your daughters wishes - a temporary residence order was given to her step sister and since then you have had little-to-no contact with your daughter? Is this correct?

If a temporary order is put in place, it is usually exactly that - an interim arrangment to cover the period in which the court gathers all the additional information it needs to be able to make a final decision. Did you have legal representation when you went to court last year? If not, who was advising you?

Do you know where your daughter has moved to?

FM '70

hi there when i went to court i never had legal reprensentation as i was not covered by legal aid and as for the courts they never got back in contact i have just found out where my daughter has moved to which is over 300 miles away and as i dont drive means i will never get to see her now sadly they have cut me out of my daughters life altogether but they have lied because they told the courts as did my daughter that they would never move her away from me this is all the courts fault for never getting back to me the british justice system stinks

I would contact the Coram Children's Legal Centre (CCLC) for some free legal advice.

You can contact them via their webchat facility. The link to their webchat is www.childrenslegalcentre.com and can be accessed Monday to Friday 9am-6pm. Alternatively you can contact them on a freephone advice line which is 0808 8020 008 and available Monday to Friday 8am-8pm.

ty for your help film maker i will get on to that hope it helps mind u they would have to find my daughters new home do u think it would help that they lied to chrildren services i am grateful for your help as this as been a big load on mine mind as all i have try to be is a good dad but sadly never had the chance

Speak to the CCLC and ask them what you should do about the interim order. I think you need to go back to the court and tell them what has happened. If they're not aware, they can't help...

As you are unaware of your daughters whereabouts you can file an application for a Disclosure of a Childs whereabouts. This can be applied for on a C4 form. This form can be obtained from a Local Family Proceedings Court or from the www.justice.gov.uk website. There is also a fee applicable. Once you have filled in the application form you will need to hand the form and fee to your local Family Proceedings Court. Once your application has been filed you will be contacted with further directions. In regards to the fee if you feel you may be exempt from paying or entitled to a fee reduction please fill out an EX160A form.

As I say Paul, speak with the CCLC and get back on to the court and explain that you have had no legal representation and you had lost faith in the system, but you still want to pursue a relationship with your daughter and realise this can't happen without involving the courts further.

ty filmaker for your help it nice to know u have ppl on here to turn too and once again cant thank u enough