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Daughter being removed

  • DIY Divorce
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22 May 07 #339 by DIY Divorce
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Hi, can anyone assist please? My ex has all our asetts and our child. I have been financially broken. I do not fall under the remit for legal aid, and cannot afford a solicitor.

My Ex is planning on moving into central london, thereby removing our daughter from all she knows. Also, it will have a huge impact on the time i will be able to spend with her. Is she allowed to do this, is there anyway i am able to stop her or slow the procedure down at least?

Can a court order stop her from removing our daughter? If so, how long does it take? My Ex plans to move in July.

any advice will be greatly appreciated.........

  • Louise11
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23 May 07 #354 by Louise11
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Hi

Sorry i cant be much help as ive not been in this situation before but isnt there something called "fathers for justice" or "justice for fathers"? I think they have a website explaining all the things that you can do to protect your rights as a father. (but i dont advise you to dress as batman and scale some massive bridge or break into buckingham palace!!) there is also a website called fathersmatter.com, it seems they have written a book that helps fathers like you. It takes you through a step by step guide of the legal system where fathers are concerned.
Hope this helps you somewhat.

Kind regards and good luck for the future.
Debzz:)

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12 Jun 07 #741 by tigstheterror
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Hiya,,not sure why you won't qualify for lagal aid in this instance,try going to your local CAB, you can book an appointment so that you can be seen quicker.It may mean you go into court and represent yourself but you need advice on how to go about this and help in taking the matter to court. You can also apply for a shared residency order for your daughter which gives you more rights than without one,then you may be able to prevent the move and srgue that you are unwilling to be prevented from spending time with your daughter as you beleive this will be detrimental to your relationship together. Please please seek advice and get the process moving.
On the note of the action group it's www.fnf.org.uk they have an excellent support service and advisers are excellent,you will be able to get sorted through thses no doubt,you can access the site and also they have reps in most areas that you can ring,local to you, and will advise and assist you,hope all this helps,take care and good luck,Sherri.

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13 Jun 07 #754 by Princess Fiona
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You could represent yourself and apply to court for a Prohibitive Steps Order using a C1 Form downloadable from;-

www.hmcourts-service.gov.uk/HMCSCourtFin...do?court_forms_id=50

Whether or not you will be successful will depend on the details of the case. The court will examine your ex's plans to assess how realistic arrangements are regarding accommodation, employment, education and contact. They will consider if she has connections with the area she is proposing to relocate to, or if the move is prompted to frustrate contact . Also the judge needs to be satisfied your opposition isn't to harass your ex.

It has to said if your ex is moving to be near family support, or because economically she and your child will be better off you it might be better minimising conflict by accepting the move will go ahead and trying to negotiate good contact arrangements and shared travel arrangements, using mediation if necessary.

Others have mentioned father's rights organisations and shared residency. It's true fnf offers some good support and advice, but in my experience rights talk often inflames the situation and gives people unrealistic expectations. Shared Residency Orders define the time children spend with each parent and are awarded in cases where a child perceives both homes are of equal status. There is a no order principle so a judge will only impose an order if the matter can't be resolved otherwise and the 'best interests' of the child are always paramount.

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14 Jun 07 #795 by DIY Divorce
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Airdranter,

thanks, your advise is sound and logical (not that the others weren't)

Got my court date shortly...........cheers

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