My daughter of 12yrs wants to stay with me, but her mother wants her back. Where do I stand? We weren't married

17th Apr 2019



2 answers
  • Ellis Hass Limited

    Hello and thank you for your question.

    Your enquiry understandably contains very limited information so it is difficult to advise you precisely on where you stand.

    You and your daughter's mother could attempt 'Mediation' to try to resolve the difficulties between you. You can contact a Mediator local to you by searching on .

    If Mediation fails then it is possible to apply to the Courts for a 'Child Arrangements Order' to regulate who your daughter should live with. However, attendance at Mediation is almost always needed before such an application can be made to the Court.

    I would be happy to assist further if needed. Please feel free to contact me on 0121 746 3002 or by email to and I would be happy to see how I can help further.


    Greg Bowyer

    Ellis Hass & Co Solicitors.

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    Ellis Hass Limited

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  • OTS Solicitors


    Thank you for your enquiry.


    Please note that we would be in a better position to advise you once we have more information about your exact circumstances. In the meantime, we can give some preliminary information which is as follows :


    The first step would usually be for you to attempt mediation. This can be arranged with a local mediator who as an impartial 3rd party would seek to negotiate and hopefully, assist you both in reaching an agreement in respect of your daughter’s living arrangements.


    If mediation is not successful, then you may have an option to apply to the court for a Child Arrangements Order. This order would regulate with whom your daughter should live and with whom she should spend time or otherwise have contact with. There is also a possibility for the living arrangements to be shared between both of you. As your daughter is now 12 years of age, the court may also consider her wishes and feelings with respect to which parent she may choose to live with, and who to have contact or spend time with. 


    As you were not married to the mother when your daughter was born, you may also require advice in respect of parental responsibility. 


    Should you wish to discuss this further please do not hesitate to contact us on 02039599123 or via our website :                                     






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    OTS Solicitors

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    Curwens LLP

    0208 363 4444

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