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NIGHTMARE SITUATION!!
#1
Hi, ive been going through court proceedings with my ex since 2006.  Since then shes done pretty much everything to prevent me seeing my daughter, every court order we have ever had has been breached.  I usually collect my daughter from School on Fridays and return her to School on Mondays, since September last year she has taken to removing my daughter from School to prevent me collecting her, I took her back to court for enforcement, and we had a hearing January this year.  Since then she has now rang the Police and made false allegations that I sexually abused my daughter, fortunately the police and social services are satisfied that this was just a malicious attempt to get me out of my daughters life, based on this and her refusal to comply with court orders for the past 10 years I have decided to go for residence, given that the school and social services have stated my daughter is suffering from emotional harm due to her mum constantly stopping me seeing her.  Im so stressed out at the moment, any advice would be greatly appreciated.  Thanks.
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#2
I am sorry to hear having access to your child has been a struggle through the years. You don't say how old your daughter is now, as if she is over the age of 10/11, then her opinion will be take on board and considered regarding where she prefers to live. However, this does not mean the courts will act upon it as the courts will always rule upon what it thinks is in the best interests of your child, regardless of your daughter's personal opinion; so positive in one way, but still restrictive in another. On another note; unless necessary it is rare the courts will take a child from the primary carer if she has a stable background, but it will consider giving residency to the non-resident parent where there’s been emotional or physical abuse of the child by the mother, and it can be proven. Of course Cafcass will get involved and approach the Social Services and school etc if required, see link: What Goes into the Cafcass Family Report? http://www.separateddads.co.uk/what-goes...eport.html and My Positive Experience of Cafcass, http://www.separateddads.co.uk/cafcass-f...story.html , A Separated Dad's Story of How He Got Residency Rights, http://www.separateddads.co.uk/separated...ights.html and Your Rights if You Win Custody of Your Children http://www.separateddads.co.uk/your-righ...ldren.html. I hope these help.
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#3
(04-07-2016, 06:37 AM)dad1980 Wrote: Hi, ive been going through court proceedings with my ex since 2006.  Since then shes done pretty much everything to prevent me seeing my daughter, every court order we have ever had has been breached.  I usually collect my daughter from School on Fridays and return her to School on Mondays, since September last year she has taken to removing my daughter from School to prevent me collecting her, I took her back to court for enforcement, and we had a hearing January this year.  Since then she has now rang the Police and made false allegations that I sexually abused my daughter, fortunately the police and social services are satisfied that this was just a malicious attempt to get me out of my daughters life, based on this and her refusal to comply with court orders for the past 10 years I have decided to go for residence, given that the school and social services have stated my daughter is suffering from emotional harm due to her mum constantly stopping me seeing her.  Im so stressed out at the moment, any advice would be greatly appreciated.  Thanks.
You have the right to request a copy of your daughters attandance record from school. I would get this, to prove her obstruction of the order.

This false allegation is a big enough reason for you to go back to court on application to vary, what is faster than any fresh application.

Outside of Family Court, you might want to consider applying for a none molestation order againsed your ex.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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