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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 22569
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I would like to move my child to Yorkshire from London to

Customer Question

Hi I would like to move my child to Yorkshire from London to lve nearer to my parents as finding it too hard as a single mother on my own in London. My ex (not married) and father of my 5 year old said he will stop me and take me to court. can he do this? thank you
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no not yet..
JA: Is there anything else the Family Lawyer should be aware of?
Customer: no he is registered on the birth certificate
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 11 months ago.
Category: UK Family Law
Expert:  Stuart J replied 11 months ago.
Good afternoon. Thank you for the question. It is my pleasure to assist you with this.He can of course try to stop you. The mechanism for that is that he would apply to court for a Prohibited Steps Order to prevent you moving.The court are only interested in what is in the best interest of child welfare therefore, you are going to have to do come up with a reason why it is better for the child to live in London and not just for you.You also need to say what arrangements you will make for contact once you have moved almost 200 miles away.The last thing you want is to move and for him then to apply to court for an order to compel you to come back and therefore, what you might want to do is apply to court for a Specific Issue order for the court to decide whether it is in order for you to move or not.Does that answer the question? Can I answer any specific points arising from this?Please do not forget to rate the service positively otherwise they get no credit for my time.You may think the thread closes after rating, but it does not, it remains open and we can still follow up any points arising from this.Kind regards
Expert:  Clare replied 11 months ago.
Just to add to the abovethe answer actually depends on how the care of the child is shared between you at the momentIf the care is shared between you each week and the child spends two or more nights a week with his father then the reasons for the move will have to be compelling.The fact that you wish to move closer to your family is seen as important and will be more powerful if your ex does not fully share the care of the child.You need to discuss matters with your ex using Family mediationwww.familymediationcouncil.org .uk.Clearly you have already told your ex what you wish to do, but you need to put it in writing and say that you wish to discuss it at mediation to see what arrangements can be made - either to help you stay or to agree contact if you go.You shoudl bear in mind that if you are moving away then you need to assume that you will take on the larger part of any travelling for contact when the child comes to London - and also to offer more than half of the school holidays if the father is not able to see him at the weekends because of the distance involvedIf your ex refuses to discuss matters at all then make a formal written proposal with a planned moving date - say the holidays - including details of the school he will go to and the area you will live in.Give at least two months notice and make it plain that you will go unless he makes an applictaion to the court.If he then applies AFTER you have moved you will not be forced back while the court considers the long term options since your ex could have applied earlier
Expert:  Stuart J replied 11 months ago.
Can we assist you any further with this today?

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