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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 I am a Father who currently has 5 out of 14 nights where

Resolved Question:

Hi

I am a Father who currently has 5 out of 14 nights where my daughter resides with me. She also resides with me for half of all the holidays including half terms. I also have a shared residence order

Mum has stated that she wishes to relocate over 300 miles away due to her boyfriend (who she has never lived with) obtaining a job there.

This will dramatically reduce the time my daughter resides with me and due to this I placed a prohibited steps order on the change of schools for my daughter.

The Caff Cass officer has completed her checks and stated that my daughter should remain here and if Mum was still adamant on moving then made a recommendation that our daughter resides with me and visits her mum once a month.

We have just completed the first day of the hearing and the Judge is so far stating that there is not really any exceptional circumstances to prevent the move but he is happy to rely on the welfare check list. From the noises made so far it sounds like the Judge is coming down on the side of my despite the Caff Cass officer taking the stand and re-emphazizing her view that my daughter is better remaining here.

I have been informed that whoever the judge decided our daughter will be the other parent can have our daughter for one weekend a month and the whole of the half term, then half the holidays. This causes problems with my work commitments.

The judge has also stated that I read up on case law tonight as i am representing myself. The judge has so far given me 'RE L (Shared residence order) wall, aikens ljj and bennett j to read along with 'RE F (Internal Relocation) Wilson, Rimer and Black LJJ' Is there any other case law I should be reading and quoting when I make my summery tomorrow or any thing else that would help my side of the argument that you can suggest.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
How old is the child?
What is the problem with the work commitments?
Clare
Customer: replied 3 years ago.

The child is 5 nearly 6.


 


My work commitments mean that if I am granted extended time during the holidays due to her relocating 300 miles away it wont be quality time spent with each other due to the fact that I will be working

Expert:  Clare replied 3 years ago.
Hi
How will you manage holidays if she lives with you?
Clare
Customer: replied 3 years ago.

I have a partner, we live together and have a baby daughter

 

Also I have extended family who my daughter is very close who look after her

Expert:  Clare replied 3 years ago.
Hi
So in fact the holidays can be coped with - so do NOT use that as an argument
The two cases that you refer to are indeed the latest Case Law - but you may find this assessment
http://legalliberal.blogspot.co.uk/2012/05/internal-relocation-have-kids-will.html
useful although it offers nothing extra to the actual case law
Use the Welfare Checklists arguments set out in the CAFCASS report as the basis of your arguments - keep them focussed - point out the untried nature of the Cohabitation - and also point out that whilst children are resilient place is a great source of security - ask any forces child.
Please ask if you need further detail - good luck and ask for leave to appeal if it goes against you
Clare
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