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need help
#1
Hi, 

I'm father to 4 yo daughter, i was present in her life from first seconds of her life, always happy to change a nappy, prepare a meals, going for a walks etc. After work i always spent time with her untill she went to bed. My ex and me split up 1,5 year ago, and get divorced like 6 months ago, we didn't sign any kind of document about sharing our kid we just told eachother what it is going to be like, and since today everything was ok. i had my daughter 3 days a week (friday - monday morning) she was staying overnight with me and it was all good, we were playing together taking a walks to parks playgrounds doing car trips you know always wanted to keep her busy and happy. Unfortunately everything changed last month when she started to have infections after being at my home, so my ex visited me at my place and we've done an agreement that for next month (while treatment) our daughter will spend with me only daytimes without staying overnight, i wasn't really happy about that but i knew it have to happen as i always wanted the best for my child. Now after month my daughter is asking me when she going to stay at my place and she's telling things like i dont want go to my mommy i want to stay with you and when i reply her that we have to go to mum she's not happy at all and telling me that she like to be at my place more than at my ex, all in all she's missing full weekends with daddy. She is always excited on friday when im going to pick her up from nursery (that what teachers tell me) and not happy when i drive her back to mum

Today i was told by ex that she dont want our daughter to stay overnight at my place anymore, i told her that she cant stop it because we made an agreement, and i deserve to spend all weekend with her (been doing it for 1,5year), and now she's telling me that if i'll  make a problems about not giving back our daughter to her for nights she will pick her up with police assistance. 

As a foreigner i would like to apologise for my english, and also ask you guys what options do i have as i'm just tired of that war between me and ex about the child we both love. i just want to spend a time with her so much and i m ready to do everything to get weekends back, but im stuck at this point dont know what rights do i have, and what exactly can i do about it?
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#2
(04-03-2016, 10:55 PM)saivuz Wrote: Hi, 

I'm father to 4 yo daughter, i was present in her life from first seconds of her life, always happy to change a nappy, prepare a meals, going for a walks etc. After work i always spent time with her untill she went to bed. My ex and me split up 1,5 year ago, and get divorced like 6 months ago, we didn't sign any kind of document about sharing our kid we just told eachother what it is going to be like, and since today everything was ok. i had my daughter 3 days a week (friday - monday morning) she was staying overnight with me and it was all good, we were playing together taking a walks to parks playgrounds doing car trips you know always wanted to keep her busy and happy. Unfortunately everything changed last month when she started to have infections after being at my home, so my ex visited me at my place and we've done an agreement that for next month (while treatment) our daughter will spend with me only daytimes without staying overnight, i wasn't really happy about that but i knew it have to happen as i always wanted the best for my child. Now after month my daughter is asking me when she going to stay at my place and she's telling things like i dont want go to my mommy i want to stay with you and when i reply her that we have to go to mum she's not happy at all and telling me that she like to be at my place more than at my ex, all in all she's missing full weekends with daddy. She is always excited on friday when im going to pick her up from nursery (that what teachers tell me) and not happy when i drive her back to mum

Today i was told by ex that she dont want our daughter to stay overnight at my place anymore, i told her that she cant stop it because we made an agreement, and i deserve to spend all weekend with her (been doing it for 1,5year), and now she's telling me that if i'll  make a problems about not giving back our daughter to her for nights she will pick her up with police assistance. 

As a foreigner i would like to apologise for my english, and also ask you guys what options do i have as i'm just tired of that war between me and ex about the child we both love. i just want to spend a time with her so much and i m ready to do everything to get weekends back, but im stuck at this point dont know what rights do i have, and what exactly can i do about it?
I need some more info before I can advise you best.

Was this child born in the UK and the birth registered here? If so,

Have you got PR for the child (either due to being married at time of birth, or are you named on the birth certificate if not)?

Has any Child Arrangment Order been made?

The agreement you refer to, is this wrote down and was it just you and your ex, or was it done via some sort of 3rd party, for example Mediation?

Regarding the threat of Police, if you both have PR and their is no court order making either of you the resident parent they can not get involved.
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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#3
thank you for fast reply,
daughter was born in Poland, there is my name on hers birth certificate, dont know if i got PR but we were just before our marriage when she born (we married 4 months after), also we haven't got child arrangament order, as i told earlier we made our agreement about our daughter just to ourselves we didn't sign any kind of documents which tells who and when take care of child, the one document which i signed was about our divorce.
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#4
(04-04-2016, 05:29 AM)saivuz Wrote: thank you for fast reply,
daughter was born in Poland, there is my name on hers birth certificate, dont know if i got PR but we were just before our marriage when she born (we married 4 months after), also we haven't got child arrangament order, as i told earlier we made our agreement about our daughter just to ourselves we didn't sign any kind of documents which tells who and when take care of child, the one document which i signed was about our divorce.

The first issue is you need to find out your exact standing in law with regard to the child.

In the UK you automaticly get Parental Responsibility if married at the time of registering the birth (so if same in Poland you did not get PR this way), of if both present and sign the registration. I have no idea if thats the same in Poland. Without having PR, your Ex is the residant parenet. You can make an application to court for you to be awarded PR if you do not have it.

If you both have PR, you both have responsibility, and either parent stopping other from seeing the child without good reason would not look good if the other took this down the court process.

Unless there is Domestic Violence or Child Protection Issues, the next stage is Mediation. This gives you both a chance to come to some agreement. If this can not be agreed or one parent fails to attend, you then have the right to put it to the court.

They will order a Child Arrangments Order, what will state who the child lives with, and what time the child spends with the other parent (including details like if you collect the child, or ex has to bring her to you).

If at any point you think your Ex is going to remove the child to Poland (and not return), once this process has started (by you appling for PR or getting Mediation Appointment), you can make an application for Prohibited Steps, and if its close to the time of going, you will get leave for an Urgent Hearing for this, but it will only be untill there is an outcome of the case, and then included as part of a child arrangments order, if it can happen.

There might be local Polish Community Groups you can contact to find out if you do not know if you have PR, or you could try your local CAB.
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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