Children question:
my husband has a 12 year old daughter who stays with us most nights but is still legally living with her mother . she wants to live with me and my husband and feels very strongly about this. my husband has spoke to his ex partner but she refuses to let her live with us which is really upsetting my step daughter she is now saying she will not go home and if she is made to she will walk out. me and my husband are more than happy to have her here. what can we do
Responses:
James Kiely's response
Hi,
It may be best to seek independent help through mediation with your husband, his ex-partner and their daughter whereby all of the issues can be raised and discussed.
If this is not an option, then, unfortunately, the only avenue is to seek a Residence Order from the Courts.
The paramount consideration to the Court is what is in the daughter's best interests. To investigate this, the Court will order a report to be completed by CAFCASS (www.CAFCASS.gov.uk) where one of the considerations is her wishes and feelings.
This can be a length and expensive action. However, if your husband's daughter's views are strongly in favour of living with you then this will be in her best interests.
I hope this helps - I would advise that you seek legal advice on this matter so all the circumstances can be reviewed. Please visit the Resolution website to find a specialist family solicitor - www.resolution.org.uk.
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