Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Parenting

For free parenting resources please check out the Early Years Alliance's Family Corner.

Child Arrangement Order HELP

4 replies

Lostlily · 27/02/2018 11:08

Can anyone help me please. I have just got divorced and my dd is living with her dad in our marital home due to the sale falling through.
I have left the home due to the conflict between me and my ex and the impact on our dd, he will not leave until it is sold and he has his money. He also does not have any family in the locality so where as I can go to my parents/friends, he cannot without leaving his job and leaving the area.

My dd is now saying when the house is sold (again) she wants to live with her dad which means almost 200 miles away, leaving school right at the start of her GCSEs and leaving all her friends and my family.
She is saying her mind is made up and she wants to live with him, he is going to move back to his parents who live in a large house by the seaside and although they would take good care of her, I am devastated. I honestly don't know what to do. I also think that after s few months she ill miss her friends and school and me and my family and it will so destructive to her education.
I do not bet on with my ex or his family and I'm terrified if I let her go, I'll never see her again or have real trouble seeing her and lose her. She is my only child.
What kind of child arrangement order can I apply for to ensure I have equal rights and access. I don't want to legally enforce her to stay with me if she doesn't want it as she is a teenager and so defiant and emotionally difficult at the moment I think she will just hate me and resent me even more

OP posts:
Lonecatwithkitten · 27/02/2018 11:13

You need to get legal advice and fast. By moving out and leaving your DD you have made him the resident parent (RP). Courts do several things firstly if your DD is a teenager her views will be the main stay of any court decision unless there are safety issues and courts try to stick with the status quo ie. your DD living with her dad.
But that does not mean he just up sticks and move her 200 miles away you can challenge this.
The crucial thing to know is that only children have rights, parents have responsabilities.

Lostlily · 27/02/2018 11:39

I was advised to move out because of dd being exposed to arguments and torment between me and her dad.
He does not ave anywhere to do locally so I was the only one who could go.
I make sure she stays with me throughout the week at her grandparents so she is spending time with me as well as him.

I am seeking legal advice now but just wondering what would be the best kind of pan to ask for, if I ask for full residency and she wants to live with dad she will hate me for it but at the same time, I cant just let her go with not protection or plan in place

OP posts:
Lonecatwithkitten · 28/02/2018 09:27

Her age will be critical over about 12/13 it is mostly the wishes of the child.
Number of nights slept in each home is important if she sleeps more than 50% of nights in family home he is the resident parent.
You should also take legal advice about your financial settlement in general the advice is unless there is abuse you should not leave the family home as it may illustrate that you are able to provide a home for yourself so financial needs are less.

Interested in this thread?

Then you might like threads about these subjects:

2boysDad · 28/02/2018 16:11

Suggest you get this transferred over to the Legal board.

New posts on this thread. Refresh page
Swipe left for the next trending thread