Morning folks. My ex and I split 4.5 years ago. In Feb this year a child arrangement order was granted whereby our child (nearly 10 years old) lives with me and sees their dad every other weekend.
I offered more time, overnights in the week, our for tea in the week. He declined, and said this to CAFCASS for their section 7.
Since then our child gets upset every other weekend when coming home because they know they won't see their dad for another 2 weeks. I've tried and tried and tried to have him come down regularly in the week but he tries once and doesn't do it again. He's never done parents evenings, sports days, being off when they're poorly, dentist, doctors etc.
He's said to our child that if they want to see him more then they'll have to come and live with him, that's the only way he can see them more.
The last few months have become completely untenable, child wants to go live with dad because she knows its the only way they can go and see him more often than 4 days a month. They've been so angry, lashing out, crying, shouting that dad doesn't care about them etc. It's gotten so bad that last week I said if she wants to try living with her dad then fine, I can't think of any other way to help and it breaks my heart seeing the anger and the tears all the time. I love my child more than anyone in the world.
We recently bought a house in August and my child started at the local school, in year 5. They've had a great first parents evening, settled well. When they went to stop with her dad he'd told her them they have to move schools, my child said to me they don't want to as they like the current school. They have to go to breakfast club or afterschool club because there are family in the village to pick them up every day. They would be in wrap around care if they moved schools. I believe they've probably now been convinced to move schools as dad's neighbours child goes to one near her dad's house and they're friends, even though they won't be in the same year.
I appreciate this was very long. Sorry. My question is she's just got settled at a new school, would I be eligible for an emergency prohibited steps order? He has already applied with the LA to move her to one local to him (we live 10 miles apart). I'm nervous that if I apply for a regular prohibited steps, the move will go ahead and the court won't want to change her schools back. 2 school moves in 8 weeks seems awful on our child, even if she doesn't yet realise the implications!