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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33283
Experience:  25 years experience of all aspects of family law
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My ex-wife wants to take my daughter to another city. I have

Customer Question

My ex-wife wants to take my daughter to another city. I have not seen my daughter in the last 18 months. This is because my ex stopped contact. Is she allowed to do without my consent?
Submitted: 4 months ago.
Category: UK Family Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old is your daughter and what steps have you taken to re-establish contact?

Customer: replied 4 months ago.
8 years old. I have a contact order in place but never enforced it. I was out of work for a long time time, and once back I started paying maintenance again. I emailed my ex wife about re-establishing contact, but not response. Out of the blue, I got told she is moving and taking my daughter too.
Expert:  Clare replied 4 months ago.

When did you last see her regularly and how far away is she moving?

Customer: replied 4 months ago.
About 18 months ago and moving over 130 miles away.
Expert:  Clare replied 4 months ago.

What was the pattern of contact 18 months ago?

Why did you not apply to enforce the order?

Customer: replied 4 months ago.
18 months ago it was every other weekend and half of all holidays. I did not enforce as I could not afford to do it. Plus my daughter was in turmoil, and I felt it was unfair. I have got back on my feet financially and was planning to enforce. However, I got the email about them moving and just don't know what to do. Very confused.
Expert:  Clare replied 4 months ago.

I do understand why you left the matter - but sadly that will count against you in terms of stopping the move.

If that pattern of contact had been ongoing for the last few years then you would have a reasonable chance of successfully challenging the move unless your ex ensured that the contact arrangements were still honoured

As things stand whilst you can apply for a Prohibited Steps Order to prevent the move happening until the Court had decided whether or not it is in the best interest of the child, the fact that you have not been seeing her will count against you.

However this does not mean that you cannot re-establish contact before she moves and ensure that it continues afterwards.

The starting point is to try and discuss matters with your ex using Family Mediation - and if that fails to apply to the court to enforce the Order

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
I don't want to stop my child moving if that is best for her. However, I don't want to loose contact. What is best way, as mother is not responding to me. Also new school has got in touch wanting my acknowledgement. Can I make a request for revised order and enforce at same time?
Expert:  Clare replied 4 months ago.

You need to go via mediation first I am afraid

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