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which way to go?

Fatherof3

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Hi, first of all i just want to say thank you to this forum ,all the parents and all the advice i have been part of it following and reading for while and its great to have support and advice available.
Now for my situation. Im a Father of 3 ,2 boys and one girl,they all have different mums but i see my children every week from wed/thursday to saturday/sunday i have been blessed to be able to have the time i have with them although not without hurdles and difficulties, iv been in the family courts twice over the last 10 years once for my daugter, mum stopped me from seeing her when new partner moved in had to get court order, 2nd was when my sons mum decided she wanted to move o ut of the city where we all live, im gratful to say all have been successful and i represented myself in the last case and saved thousands.
This about my daughter, she is 11 and has had an up and down time with her mum and at her mums home,to cut a long story short , shes been with me for the last 5 weeks, has refused to go back to her mums and has even had a phone conversation telling her so, i have text msgs from the mother saying she didnt want her back on the sunday and numerous times before this incident i would called after a day or 2 of dropping my daughter off to come and collect her because the mum couldnt cope or manage her behaviour.

Thier relationship has deteriated and unfortunatley iv had to after 5 weeks step in and stand up for my daughter as she has revealed some worrying issues over the last 5 weeks and i feel it would be irresponsible of me to let her return especialy against her will. i proposed an amicable way forward and that was rejected and met with demands of her daughter being returned after 5 weeks, she is about to start high school in 2 days time and she needs to have a healthy stable happy start to high school life, she is not happy at her mums. Mum has rejected my sugestion and today v had to go get c100 and c1a form i invovled the police and now waiting for feedback from her previuos school if theres anything i should know. my question here s do i have a good standing to apply for full custody, it was originally going to be an application to vary or for where the chid lives. what is exactly i should apply for, im hoping to fill in forms and have them with courts tomorrow afternoon, any help or advice and which diection to go would be much appreciated.
 
That sounds a tricky situation as the courts like children to keep up a relationship with both parents. Your daughter's wishes may be considered at 11 but unless there is hard evidence of serious abuse I doubt they would make an order that prevents her seeing your ex. Not being happy at Mum's wouldn't cut it probably.

You could apply for your daughter to live with you and spend time with her Mother and a recital to state that the child's wishes will be considered. But I think you will need legal advice on this one. There are arguments both sides as to parenting an 11 year old. ie they should do as they're told if both parents agree they should follow a schedule. The counter argument (often from Mothers) is that you can't force them.
 
I think you will need a MIAM to get a C100 accepted tbh. Exemptions only seem to apply to Mothers or extreme urgency. However you can have a MIAM and get signed off, without starting mediation.
 
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