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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
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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my ex and i have never been to court over access to our three

Customer Question

my ex and i have never been to court over access to our three children and he is on their birth certificates, they are 10,8 and 6 and he has them every other weekend.
My partner lives in wales and i live in derby and myself and my children want to relocate there not only does my partner live there but i have also been offered a job and want to know if i can legally move with my children. my ex drives and at the moment he lives 15 minutes walk from the kids but refuses to see them any extra but he said if i ever tried to move further than 30 mins from him he would stop me. Can you help?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What time does he actually have them for at the weekend are are you willing to maintain the contact?
Clare
Customer: replied 2 years ago.

he picks them up from school on a friday and brings them back at six on the sunday, i am happy for him to carry on seeing the children and regularly offer him extra time with them in school holidays and bank holidays but he always refuses

Expert:  Clare replied 2 years ago.
Hi
Will you be willing to do the majority of the travelling on alternate weekends to sustain the contact
Clare
Customer: replied 2 years ago.

i am learning to drive at the moment so i would be happy to meet him half way once ive passed my test. but if i had to do all of the travelling then i would do it for the sake of my kids

Expert:  Clare replied 2 years ago.
Hi
Your ex can indeed apply to the court for an order preventing you from moving UNTIL the court has decided whether or not the move is in the best interests of the children
From all that you have said it is likely that in the end the court will agree the move provided that the issue of ongoing contact can be dealt with.
If you are able to maintain the existing contact pattern there is simply no reason to refuse the move - especially as the children are happy with the move
You should offer to discuss matters with your 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 2 years ago.

how long before we move do i have to inform him

Expert:  Clare replied 2 years ago.
Hi
You should do this well in advance as delay makes matters worse
Clare
Customer: replied 2 years ago.

ive been told that i dont legally have to inform him until the day we actually move is this true. i am asking this as when we split it was classed as a dv case as he controlled my every move and was mentally abusive and i am unable to stand up to him as he scares me


 

Expert:  Clare replied 2 years ago.
Hi
If you do that he can apply for an emergency order which WILL be granted and will mean that you will have to stay with the children in Derby until the matter is resolved.
If you tell him in advance and he applies then it can be dealt with before the move
If you tell him in advance and he does not apply until the very last moment then it is unlikely that the court will make an order preventing the move as it will clearly be an attempt to control you
Clare

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