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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 husband and I have a shared residence order to our youngest

Customer Question

My ex husband and I have a shared residence order to our youngest son who is 12 he has a week with me and then a week with his dad. My ex husband has now moved 60 miles away making the shared residency impossible. What are my rights? And what are my ex husbands rights with our son? SM
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
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 has your ex proposed should happen now?
Customer: replied 3 years ago.
He has not proposed anything permanently. He has just moved not told us and when we found out yesterday and contacted him he now wants to take our youngest son for a weekend visit but won't tell me where to.
I am assuming that he would like to have our youngest son every other weekend.
He has given up his job and has not paid any csa for the other 2 children's since October 13.
Expert:  Clare replied 3 years ago.
Does your son wish to go?
Customer: replied 3 years ago.
Expert:  Clare replied 3 years ago.
If he did not then I would have no difficulty in saying that in the circumstances you could refuse to let him go
You have no idea where he will be staying - and clearly the care arrangements need to be re negotiated unless he intends to ferry the child 60 miles to and from school every day
Clearly your son is entitled to ongoing contact with his father - alternate weekends and half school holidays would seem reasonable and I would suggest that you offer to discuss this with your ex using Family mediation (
So far as this coming weekend is concerned you will need to discuss with your son whether or not he is wiling to accept that you cannot let him go unless you have an address - if he accepts that then you simply tell your ex that that is the position
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.
Hi Clare, thank you for your advice.
My son understands that he shouldn't go if I don't have an address. Just to clarify I am quite at liberty to stop my ex from collecting our son without having an address for him to go to?
Expert:  Clare replied 3 years ago.
Technically it is a breach of the Order but given the circumstances the Courts would see your actions as entirely reasonable