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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My ex partner wants to move my 13 year (almost 14) old son

Customer Question

My ex partner wants to move my 13 year (almost 14) old son and relocate 180 miles away,changing school etc,he is unhappy and reluctant to move and we have said he can live with us if he did not want to go and stay at the same school etc.My ex is adamant he is going and states he has no choice or option as he is only a minor and cannot make a decision by himself.Does he have any say in who he wants to live with?
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

I need a bit more info to be able to answer:

Are there any court orders concerning your son? If so, what do they say?
What is the reason for the move?
When is the move planned to take place?
What are the current arrangements for you to see him? How often and how long do you see him each time, does he stay overnight, who looks after him when he sees you?
Customer: replied 3 years ago.

there are no court orders in place ,the reason for moving is her husbands job relocation ,move to take place by end of month ,stays overnight with me twice a week ,and have access whenever I want to or need to see him ,looked after by myself and partner .

Expert:  UKfamsol replied 3 years ago.
Hello again and thanks for the extra info.

The situation is that where parents do not agree about any aspect of their child's upbringing, either parent can apply to the family court to ask the court to decide the issue.

Unfortunately there is no legal aid available for this type of court application.

Also, you have a very short time scale.

So my advice to you is that you apply for a prohibited steps order - which is a temporary and emergency holding order - asking the court to prohibit that your son's school. and residence, should be changed until the court has had time to look into the situation.

At the same time, you need to apply for a residence order, and a specific issue order.

A residence order is an order which is intended to settle permanently with which parent a child is to live. A residence order confers parental reponsibilty on the person in whose name the order is made, if they don't aready have it.The person with the residence order then has the child to live with them, and can make all the day-to-day decisions concerning that child eg what to have for their tea, when is bedtime etc - but - unless there is a court order - they still have to get the consent of all those with parental responsibilty for major decisions eg change of school- that why you need to apply for speific issue order ordering that your son goes to the school that he currnelty attends, in addition to applying for a residence order.

When the court comes to decide a) who should your son live with and b) which school should he attend, the court will make its decision on what is best for your son, not on which parent shouts loudest. One of the factors that the court must consider is the child's wishes and feelings. The older a child is, the more weight the court will give to the child's views. From the age of 12, 13 , 14, the court will take a child's views very seriouslyindeed - but still that will not necessarily be the deciding factor.

In your application to court, you need to put down all the reasons why your son will be better off with you and your new partner. eg he will not be disrupted in his school work, he's at a crucial stage looking towards choice of GCSE subjects, he doesn't want to lose touch with school friends, and out of school activities, you and he have a strong relationship, he's a teenage boy at a time when he particularly needs a close relationship with his dad, you have suitable accommodation for him,he gets on well with your new partner, and she would be happy forhim to live with you both, and MOST IMPORTANTLY you will do everything you can to maintain his contact with his mum eg via tel calls, email, Skype, and frequent visits eg weekends with her at least once per fortnight. You might also need to explain on your application why you are only just making this application as it is unlikely that the decison to move 180 miles has only just been made.

Unfortunately, there is no legal aid for this type of court application. I would strongly advise you to get a specialist family law solicitor to help you complete your application to court, even if you decide to represent yourself at the court hearings.

Here's where to find a specialist family law solicitor:-

http://www.resolution.org.uk/findamember/

I hope this helps and I wish you the best of luck.


Thanks and best wishes...


UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
UKfamsol and 2 other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 3 years ago.
Thanks for your positive rating and prompt payment - much appreciated!

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