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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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Hi, My brother-in-laws girlfriend (jill) has two children,

Customer Question

Hi, My brother-in-laws girlfriend (jill) has two children, one by her ex husband and one by my brother-in-law, lets call him jack, Jill has a very poor relationship with her ex, but he has contact with his son every other weekend and half of the school holidays. Jack has just been arrested and is being held on remand,(he is not dangerous). jill would like to move out of their county 120 miles away to be closer to us so we can offer our support etc. The ex has just found out about the arrest and is threatening to apply for full custody of the son and he will not give permission for them to move, please could you advise me of what her rights are.....is she allowed to move and could she lose custody??
Many Thanks, XXXXX XXXXX auntie.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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?
Clare
Customer: replied 3 years ago.

Hi,


almost six and almost one


Thanks

Expert:  Clare replied 3 years ago.
Hi
Does he have any mid week contact?
With the mother be able to deal with the travel for the weekend contact?
Clare
Customer: replied 3 years ago.

Hi,


 


There is currently no midweek contact and the mother is happy to travel to drop him off/collect.


 

Expert:  Clare replied 3 years ago.
Hi
Her ex can apply for an Order to prevent her from moving schools - but that does not mean that he will succeed
Provided the school the child will move to is a good one and she is willing to maintain the contact and do the bulk of the traveling then it is likely that she will indeed be able to make the move
She should offer to discuss matters with her ex using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Could she lose custody if he applies to the courts?


 

Expert:  Clare replied 3 years ago.
Hi
He can apply for residence - and if she will move even if the court says no to move of school then yes the father could get a Residence Order - unlikely though
Clare

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