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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34494
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello, I am moving to devon with my children but my ex has

Customer Question

Hello, I am moving to devon with my children but my ex has threatened me with a court injunction to stop me moving to devon, I have offered to come up every month to droo the children to him for a weekend and for him not to pay me child maintenance and to use the money to travel down once a month also to see them. At present he only has the children 1 night every 2 weeks can he stop me. I also have a son whom lives in devon already and all my family . Can my ex stop me?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How old are the children?
is the fortnightly overnight contact the only time he sees them?
Clare
Customer: replied 4 years ago.

My two girls are 8 and 5, and for the past month other than his night over night every two weeks he may pop in for half hour but not often. We seperated 3 years ago but due to finances I need to move back home where my mum will look after the kids whilst I can work. For a month I will have to live with my mum until I get housing sorted.

Expert:  Clare replied 4 years ago.
Hi
How often is "not often"
How far will you be moving?
have you offered school holidays as well?
Clare
Customer: replied 4 years ago.
Yes have offered holidays, he may pop in once in a two week period before he has them his one night every two weeks. I will moving 263 miles away.
Expert:  Clare replied 4 years ago.
Hi
He can certainly apply to the court for a Prohibited Steps Order to prevent you from moving until the court has considered whether or not the move is in the best interests of your children
From what you have said I would expect you to be able to move away as clearly you have given careful consideration to the contact and what arrangements you can offer.
You should try and discuss matters with him using Family mediation (www.familymediationehlpline.co.uk)
Please ask if you need further details
Clare