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-   -   My daughter is 8 and wants her father (https://www.askmehelpdesk.com/showthread.php?t=702054)

  • Sep 14, 2012, 06:28 PM
    Zahide
    My daughter is 8 and wants her father
    My daughter just turned 8 and wants her dad and not me.
    I sent her to visit him overseas as I was not happy about but she was excited to go for 6 weeks and so was he. I thought it was too long for her to be away but thought it would make her happy to spend time with him. She now says she doesn't want me hates me and he will not return her unless she wants to come back. He wants to send her too school their and I am now intouch with ministry of justice to get her back. Why she hates me not sure.. We have been through a lot since me and her dad broke up 4 years ago moving every year. But also I feel her dad has said stuff. Which my daughter said her dad hasn't. Told her I love her and want her back home. Please can someone give me advice. Her dad is sending her to a child pycatrist out their.. But I feel it's all an excuse to keep her. Don't know what's going on why she hates me I don't know. She just says please let me live here... And I know why she hates me. Which I really don't know why xxx
  • Sep 14, 2012, 06:34 PM
    Fr_Chuck
    The child truly may perfer the new country "right now" most likely the last 6 weeks was like Disneyland, travel, sightseeing. Real life has not happened, dad has not had to yell at her for not putting clothes away, he has not grounded her for not doing homework.
    He is right now the "fun" parent. This is very common.

    But yes, you will need to work to enforce your custody order.
  • Sep 14, 2012, 06:42 PM
    Zahide
    Thank you for your quick respons.
    I was a bit tuff with her latly with homework etc.
    She's a very brite chiled.
    I'm flying out to visit her in a week to go to pycia gist with them but she hates me and don't want me their she said.
    I told her dad that he is not disaplining her and he said he dose put her in her room when she misbehaves.
    But she still wants him.
    I did say its Tge sun sea and sand as he lives on the beach.
    But it all closes down all the fun in November. He said he will not send her back unless she wants to.
    But Tge courts will not take a 8 year to make a choice as she is not mature enough.
    I like what you said about Disneyland because I know he has been spoiling her.
    I'm so upset that if she keeps insisting she don't want me :((
    I hope the child pycatrist can tell her dad that she's just playing up and also because I'm sure she's missed out on her dads love and she is loving that now.
    But I don't deserve this and she didn't know what's best for her do you think she will change her mind soon?? Xxx
  • Sep 14, 2012, 06:44 PM
    Zahide
    My daughters 8
    Dose she have a choice who she lives with as she wants her dad now not me he hasn't been around and now, I'm the bad guy after I have loved her and brought her up? Xx
  • Sep 14, 2012, 06:46 PM
    Zahide
    I also started to go out once aweek she got a bit clingy she didn't like me going out once aweek xxx
  • Sep 15, 2012, 04:39 AM
    ScottGem
    First ANY question on law needs to include your general locale as laws vary by area. Second, because this involves 2 countries, you have major problems.

    It depends on whether his country has reciprocal agreements with your country as to custody orders. If they do, then he is required to return the child until a court can decide custody. If he wants custody, he has to go to court to have the current order modified.

    If there is no reciprocal agreement, they may not honor your custody and not force the child to return with you.

    You NEED an attorney who is familiar with international custody law. Before you go there you need to understand what your rights will be.
  • Sep 15, 2012, 05:06 AM
    Zahide
    I'm in london and she's In Cyprus I think the judge desides
    But surly if she lies to stays Tge judge can see, sges doing it to stay. Tge Hague convention is helping me... And I think they will call him thus week to send her back voluntary if he doesn't he gets taken to court... I'm going out their so to try see her xx
  • Sep 15, 2012, 05:20 AM
    Fr_Chuck
    Most courts will not take what a child that young says into evidence, most require them to be about 12. But then what your court will decide varies, They should order the child back to you and if he wants custody he will have to return to where the current court order is at.
  • Sep 15, 2012, 05:30 AM
    Zahide
    Ok thank you.
    I'm flying out to Cyprus next week or two. To try get see her. Tge courts would have phones him by then to see if they will send her back. Then take it from their I guess hope they send her home or he dose so it don't go to court 😓
  • Sep 15, 2012, 05:31 AM
    ScottGem
    Quote:

    Originally Posted by Zahide View Post
    I'm in london and she's In Cyprus I think the judge desides
    But surly if she lies to stays Tge judge can see, sges doing it to stay. Tge Hague convention is helping me... And I think they will call him thus week to send her back voluntary if he dosnt he gets taken to court... I'm going out their so to try see her xx

    Ok, So both the UK and Cyprus subscribe to the Hague Convention? Frankly, what I would do is postpone your visit. Before you go there, I would get a court order to bring your daughter back with you. So, if he hasn't sent her back voluntarily, then you can get the Cyprus authorities to help you.

    I agree with Chuck, that a court is not likely to put much weight on a child's preference, if they even listen to her. But the psychiatrist's evaluation will be important.
  • Sep 15, 2012, 05:50 AM
    Zahide
    Thank you but the child abduction team Hague convention is getting back to me next week.. I will let you know what happens thank you do much xxx😓😓
  • Sep 15, 2012, 06:15 AM
    cdad
    Has there ever been custody through the courts ? I don't see that mentioned anywhere. If it has never been decided by the courts and an order issued your going to have a lot tougher time getting your child back.
  • Sep 15, 2012, 06:17 AM
    Zahide
    Thank you for replying
    No her dads never had custody
    She's always been with me?? xxx
  • Sep 15, 2012, 07:23 AM
    ScottGem
    Quote:

    Originally Posted by Zahide View Post
    Thank you but the child abduction team Hague convention is getting back to me next week.. I will let you know what happens thank you do much xxx😓😓

    That's good, Definitely work with them. Good luck and keep us posted.

    Quote:

    Originally Posted by Zahide View Post
    Thank you for replying
    No her dads never had custody
    She's always been with me???xxx

    That doesn't quite answer the question. Is she with you by court order?
  • Sep 15, 2012, 08:02 AM
    Zahide
    Sorry..
    No she isn't.
    She has been with me from birth? x
  • Sep 15, 2012, 11:01 AM
    ScottGem
    If there is no court order giving you custody then he has.equal rights to her. Assuming he is listed as the legal father.
  • Sep 15, 2012, 01:25 PM
    Zahide
    A court order will be put in place. But first waiting to see if he sends her back when he gets a call...
    I was thinking to go to see her and see if she mite start to let her guard down with me... Make things Easyer
  • Sep 15, 2012, 01:27 PM
    Zahide
    How lOng can it take for me to get her back?
    Thank you x
  • Sep 15, 2012, 02:03 PM
    ScottGem
    Quote:

    Originally Posted by Zahide View Post
    A court order will be put in place. But first waiting to see if he sends her back when he gets a call...
    I was thinking to go to see her and see if she mite start to let her gaurd down with me... Make things Easyer

    You need to establish legal custody before you go see her. How long that will take depends on local courts.
  • Sep 15, 2012, 02:13 PM
    Zahide
    No I can go see her but her dad won't let me have her unless she wants me but like I said it's all an excuse to keep her .
    The abduction team said I can go if I want try talking with her. & they will call me let me know if we got to go to courts and what he has said. The girlfriend has answerd the phone today and told me to visit to make my daughter to try and be normal again with me. The girl friend said in a round about way and it's a shame we can't discuss it like mature adults.. I agree but her dad said its up to his daughter which is a joke. He now.. I think... Regrets making her want to stay.. It's perfetic x The ministry/ child abduction team/Cyprus courts can contact me when I'm out tgeir? Do you not think it's a good idea me going??

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