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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28109
Experience:  25 years experience of all aspects of family law
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Hi Claire, My ex-wife wants to move my children to a town

Resolved Question:

Hi Claire,

My ex-wife wants to move my children to a town 40 miles / 50 -XXXXXaway.

They are currently 5 minutes walk from and their grandparents. They are doing well in their current school and they both have a year and a half before they finish in their current schools.

Moving away will disrupt their schooling unnecessarily and mean seeing them a lot less. It also means a total of 4 hours driving on the weekend to have them over.

Is there anything that can be done?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question, I shall do my best to assist but I need some further information first.
How old are the children and why is your ex moving?
Claire
Customer: replied 1 year ago.

Hi,


 


They are 7 (turning 8 in 20 days) and 12. She did tell them they could finish at their current schools before the move, but she has changed her mind.


 


It would appear that she is moving to be closer to the new boyfriend's work and she has a nephew that lives there.


 


She is not employed and is not moving for work opportunities.

Expert:  Clare replied 1 year ago.
Hi
How long has she been seeing this boyfriend and could you have the children in your care if need be
Claire
Customer: replied 1 year ago.

Hi,


 


She has been seeing him 7 or 8 months. He as been staying over/ living with her for 6 months although she will probably deny it. She has since been pregnant and had a miscarriage.


 


Yes, I am married and we can most definitely care for the children. She recently kicked my oldest out, just before he was 12 and he stayed with us for one and a half months. He only retuned as she played the guilt game on him and told him she will loose her council house if he does not rerun home.

Expert:  Clare replied 1 year ago.
Hi
You are entitled to apply to the court for a Prohibited Steps Order to stop her from changing the children's schools until the court has decided whether or not the move is in the best interest of the children.
The fact that there has already been problems with the elder child does make it potentially more likely that you could be awarded residence of your ex insists on going and the children do not wish to move away.
Given their ages the wishes of the children will be important - and children like to say near their friends!
The application is made of a form C100
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and the court fee is £200
I hope that this is of assistance
Claire
Customer: replied 1 year ago.

Hi,


 


Thank you for all the information.


 


My consent order states that : The Husband shall pay periodical payments to the Wife. Payments shall be at the rate of £430 per month payable monthly in advance commencing on the 1't of the month following the Wife vacating the former matrimonial home aforesaid. They shall end on:-
(a) The Wife's remarriage
(b) The Wife's cohabitation with another person for a period in excess of six months
(c) The death of either the Husband or Wife
(d) 6th May 2018 (When the youngest child is aged 14 years)
(e) Further Order

The new boyfriend has been living with her for 6 months now, in her council accommodation which I have a feeling they have not informed the council about.

How do I approach stopping her maintenance payments? I have proof, but her moving into a new home with the boyfriend will be the most substantial, but that would mean the children moving away, which is not what I believe is best for them.

Expert:  Clare replied 1 year ago.
Hi
What evidence of the Co-habitation do you have?
Is he having any letters or bills sent there?
Is he on the electoral Roll?
Claire
Customer: replied 1 year ago.

Hi,


 


6 months worth of video footage of his car parked there as well as confirmation from the children.

Expert:  Clare replied 1 year ago.
Hi
Anything more "official"?
Claire
Customer: replied 1 year ago.

Hi,


 


No. Nothing more.


 


If it is not sufficient, then can the court not access his mobile phone location records to prove he sleeps there every night?

Expert:  Clare replied 1 year ago.
Hi
I am afraid that the court cannot access anything and will not grant you an order to access phone records.
Your only option is to write and say that you have the evidence that they have been cohabiting for more than six months and on that basis you are stopping the payment.
If your ex challenges this then you will have to produce the evidence that you have to the court and it will be for the court to decide.
Of course within the Children Act Proceedings your ex mat admit to the cohabitation to strengthen her case
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28109
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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