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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28113
Experience:  25 years experience of all aspects of family law
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Hi Claire I have just been informed, 10 min ago that my

Resolved Question:

Hi Claire

I have just been informed, 10 min ago that my ex wife wants to move to Leeds. She stated that her, her partner and our daughter will be moving there in The new year. To get divorced she made all sorts of lies up and also got a non mol and prohibited steps order so I couldn't see my child. They were dismissed by the judge and I now have shared residency. As always this move is done with spite with no thought for my daughter. Only two months ago when I suggested our daughter change schools she emailed back stating our daughter had too much upheaval and now has friends and needs to settle. Where do I stand on this legally, can I get full custody?
Submitted: 11 months ago.
Category: UK Family Law
Expert:  Clare replied 11 months ago.
Hi
Thank you for your question.
I shall do my best to help you but I need some further information first
How old is your daughter and how is her time shared between you at the most.
How far away are they moving?
Claire
Customer: replied 11 months ago.
She is 5, just entered year 1 at school. It's shared residency but I have her every wed till Thursday morning, every other weekend from Friday to Monday and half of all the holidays. They are moving about 4 hours away.

Thanks

Jon
Expert:  Clare replied 11 months ago.
Hi
What is the reason for the move?
Claire
Customer: replied 11 months ago.
To move in with her boyfriend of 10 months
Expert:  Clare replied 11 months ago.
Hi
Has he got a new job?
Claire
Customer: replied 11 months ago.
Yes he quit his job to apply for one further north as his family are there (parents not children). They were not living together previously
Customer: replied 11 months ago.
I've answered the question but had no reply
Expert:  Clare replied 11 months ago.
Hi Jon
My apologies for the delay - I have been offline.
As a starting point you should apply to the courts for a Prohibited Steps Order to prevent any change of school until the court has given proper consideration to the matter and whether or not this move would in fact be in the best interests of the child
I cannot say for certain whether a Residence Application would be successful.
Much will depend on the strength(or otherwise) of her new relationship and whether or the not the move was deliberately made to stop your contact.
If the move is deemed reasonable then the Court Will want to increase your contact at holidays and other times
You should offer to discuss matters using Family mediation (www.familymediationhelpline.co.uk)
You can read more here
http://theparentconnection.org.uk/
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of help - please do ask if you need more details
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28113
Experience: 25 years experience of all aspects of family law
Clare and 2 other UK Family Law Specialists are ready to help you

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