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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33325
Experience:  25 years experience of all aspects of family law
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My ex-partner will not give express permission to move

Customer Question

My ex-partner will not give express permission for me to move the children 120 miles away. I am moving for employment purposes and have a home in the area. Despite an initial agreement that she would have the children for one night a week and every other weekend from Thursday to Monday as well as shared school holidays; she no longer has them during the week, has reduced the weekends to Friday to Sunday and has not had them for a full week in almost a year. Nor does she pay any maintenance. Can she stop me from moving as the majority of care is provided by myself and my new wife?
Submitted: 7 months ago.
Category: UK Family Law
Expert:  Clare replied 7 months ago.
Thank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow old are the children?
Expert:  r.weller replied 7 months ago.
Hi, She can stop you moving if she gets a court order, known as a prohibited steps order. Before that she would have to try and resolve the matter with you first, and then try mediation before making an application to court. This would not be needed if she deemed the matter urgent and the court agreed. If you wanted to move, you could apply to the court for a specific issue order, allowing this. The same rules on what you need to do before a court application also apply. Any verbal agreement is not in anyway binding and cannot be relied upon. The court will consider sec. 1(3) of the Children Act 1989, the most relevant points being an effect of a change in the child's circumstances. The distance is not so great that you should not be able to reach some sort of compromise and avoid court. The main thing to ensure is that the children's time with their mother is not significantly reduced from what it is now.
Expert:  Clare replied 7 months ago.
The age of the children is very relevant to the question as it is also a matter of their wishes - depending on their ages.The fact that there is meant to be a form of shared care would be a problem IF your ex had kept to it - however her lack of interest will go in your favour.The starting point is to arrange to discuss matters with her using Family mediationwww.familymediationcouncil.org.ukIf she refuses then you need to write to her with full details of the move.This should include where you will live and where the children will go to school. Since she is entitled to be consulted on the education issue then you shoudl send the relevant prospectuses for alternative schools as well.Give a clear timetable and details of how you will compensate her for lost time (more time in the holidays possibly) and how you will manage the weekend contact - offering to do the lions share of the travelling.Send this AT LEAST two months prior to the move - and send it recorded delivery.Then if she waits to the last minute to try and stop you via the court she is NOT likely to get an order forcing you to stay while the court makes the decisionIf you care to give me the ages of the children then I will add any relevant information

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