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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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Do I have to get consent from my husband to relocate 84 miles? Some

Resolved Question:

Do I have to get consent from my husband to relocate 84 miles?

Some background is 3 years ago in may we relocated for his job from Leeds to Solihull, 6 weeks later he decided to leave me. I have stayed in the area so he could maintain a relationship with his sons I have allowed him to take them to school in the mornings and he has them a friday and saturday night. My eldest starts high school in september and my contract is up on my new house I am living in. I feel now is the time to move closer to my family again (Leeds) I have met someone new who I have been with for almost a year, we don't want to be tied for high school education for 8 years in solihull, I have found a better school and better accommodation / area in Dore, Sheffield. I am prepared to transport the boys back to visit or meet half way I have never given any restrictions on his visitations.

We have never put anything on paper and tried to keep it as amicable as possible for the children, he is now threatening me with a prohibited steps order, and telling me i can move but he will keep the boys if I do so.

Legally do I need his permission to move ?

Thanks
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 are the children?
Clare
Customer: replied 3 years ago.

Hi the children are 9 & 10, thanks

Expert:  Clare replied 3 years ago.
Hi
Do they wish to move?
Clare
Customer: replied 3 years ago.

The 9 year old is desperate to move does not enjoy the school he is at, is not as close to his dad and misses his family back up north. The eldest child has dyspraxia so any change worries him, that is why I want to make the move now and get him settled for high school. We took him to see different properties to involve both of them in the decision making, he was excited , the only time he became unsure was when talking about high schools. Prior to talk of moving he expressed he didn't want to start high school, as he finds anything new hard.


 


I have discussed at length with his SENCO leader at school about the move she believes that this is the best move for him. It is not a decision that has been made lightly but as a whole family unit I believe this is the best option, we will be in a bigger home, better area, better schools and closer to his 11 cousins and the extended family in which they are just half an hour away compared to 2 hours away at the moment. The SENCO leader has explained that this move could be with his dad (if he were still with me) he would still feel the same.

Expert:  Clare replied 3 years ago.
Hi
Your ex has the right to be involved in all major issues in the children's lives - and if you cannot agree then he can indeed apply to the court for a prohibited steps order to prevent a move until the COURT has decided whether or not the move is in the best interests of the children
From all that you have said you have put a great deal of thought into the move and on that basis it is likely that a court will agree to the move provided you make proper arrangements for contact - and take the larger share of the cost of travel in terms of time and money
There is no guarantee but the wishes of the children are important and of course there is a change of school ahead of the eldest in any event
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thankyou, I have to be out of my property in late may as the owner wishes to move back in, I have now lined up another property in sheffield for mid may however my partner and I are now nervous to sign the tenancy agreement. My partner will be paying the main cost of the new properly will a PSO stop that move and if so usually how long is the process from stopping the move to it getting to court?


 


I do not have an income right now as I was a stay at home mum while we were married, right now I am trying to establish a new career. How much does this process cost and will i incur any of the costs?


 


I have expressed to him on numerous occasions I am happy to transport the children back and forth so he is not doing all the travelling. I have also never stopped him seeing the children.

Expert:  Clare replied 3 years ago.
Hi
Yes I am afraid you could be forced to remain local until the matter has been resolved and that could take months
HOWEVER since your ex is aware that you will move and has not yet made the application there is a possibility that he will not do so
Write a letter telling him when the move will be - make sure you keep a copy (tell him an earlier date if you wish) and then if he applies you will know what you are dealing with.
If instead he waits until you have actually moved to try and force you back the fact that he has delayed means that it is unlikely that the court will grant the order - at least not once you have had a chance to show the letter to the court.
If you deal with the matter in person there will be no cost involved
Clare
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