[Solved] where do i go from here?

Hi Mark 🙂

Yes you need a Residency Order, it should be a formality as the mother isnt Resident in this country and so your application wont be contested. You will need to fill out and submit the C100 form to your local Family Court. There is fee of £200 for this but as you are on a low wage you should be able to get help with this. The form you would need to claim exemption is the EX160A and you can get this from the court or download it from www.justice.gov.uk website.

When you are in court you could ask for a Prohibited Steps Order to be put in place, this is also done with the C100 form this would prevent your ex from taking her out of the country. although with the residency this might not be necassary. If you take a look at the stickys that you'll find at the top of the Legal Eagle section, you'll find two stickys about representing yourself and another about the C100 form.

Heres a link to a very helpful website that explains more about the court process and the various forms.

www.thecustodyminefield.com/mobile/FamilyLawMenu.html

Thank you ever so much for you quick and useful information. I'll download the form straight away.

Just one question though, Will the court contact her mother in Taiwan ? I noticed that you said that they would not because she doesn't reside in UK, but they did contact her when the divorce proceedings went through.

Thanks

Mark 🙂

Now thats a question I cant answer! I just meant as she wasnt here she couldnt attend...I didnt really think of the court contacting her. You could call the court helpdesk and explain your situation and ask them what would happen. Alternatively I could ask the Moderators here to ask Coram Childrens Legal Centre to drop by and give you some advice.

Hi Nannyjane

Do you know if I need to apply for Mediation before court??

Thanks

Mark

That's OK thanks. I'll contact the court and ask them..

I dont see how Mediation could work as she isnt resident in this country. The court would definately take that into account. Have you broached the subject with the mother? They might ask you if you have discussed this with her.

As your daughter is 11 she is old enough to be asked what she would like and her wishes would be taken into account.

Thanks

that explains why other people haven't mentioned Mediation to me and just the court. Thanks once again.

Alternatively I could ask the Moderators here to ask Coram Childrens Legal Centre to drop by and give you some advice.

Done 🙂

That will be great, thanks! Sorry you've been through the mill. I think I'm about too do the same!!

Dear Mark Speed 52

Thank you for your post.

As you were married to your child's mother, you have Parental Responsibility for her. This does not become void upon you divorcing the mother. Parental Responsibility is defined in s.3(1) Children Act 1989 as being:

"all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".

Practically Parental Responsibility means that both parties should consult and consent on issues such as schooling, medical issues, change of name, removal from the jurisdiction and other major issues concerning the child.

We would usually advice mediation as a first stage however due to the distance between you and your ex wife this would not be application in your circumstances.

We would therefore advise that you apply to the Courts for a Residence Order and potentially a Prohibited Steps Order to prevent the mother removing the child from your care or from the jurisdiction of the UK.

To apply for these Orders you would need to complete a form entitled a C100. This form can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee of £200 for this application. If however you are eligible for a fee exemption you can complete a fee exemption form entitled EX160a. Once you have completed the application form you need to hand it in to your local Family Proceedings Court along with the relevant fee and the Court will then contact you with a hearing date.

Something that you may want to look at when applying to the Courts is the Welfare Checklist. This is a guide that all Judge’s must follow when deciding whether to grant an Order.

a)The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.

Should you require any further legal advice please do not hesitate to contact us on our freephone advice line 0808 8020 008 open Monday to Friday 8am to 8pm.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE

Thank you so much for your reply. It is consistent with others who have replied to my problem. Now I have the confidence to pursue through the courts my daughter's need, which is to stay here in the UK.

Regards

Mark Speed

Thanks

the Coram Childrens Legal Centre has given me sound advice.

Regards

Mark