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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 want to relocate my child from London to Luton because

Resolved Question:

Hi I want to relocate my child from London to Luton because London is simply unaffordable for me. I am unable to afford London rents, I am in huge debts and my business is being affected badly due to this. I am the sole earner for my daughter (7 year old) and father makes Nil contribution. The ex had been unemployed for past 8 years and has paid Nil maintenance for last 6 years.

In past I tried to relocate to Leicester and my ex did PSO against me and Judge did not allow me to move to Leicester because ex complained that it is too far and will affect the contact. (There was no contact order enforced by court at that time). My ex lives in Slough and distance from Slough to Luton is exactly the same as it's for Slough(SL2) to London(HA8) so the contact agreement will not be disrupted at all.

My ex has no issues with my moving however he is insisting me to either live in Slough or in surrounding areas. Problem is that Slough and its surroundings are as expensive as London so I declined it.

In direction hearing judge imposed geographical restriction on me:

Child should not be moved from the address (the flat I am renting) and that I must make an application to the Court giving details of the proposed accommodation and future school.

My question is which application I have to submit; Will it be Specific issue order or application to vary an order in existing proceedings (case is still on going)?
I want to move out in late May or early June because I need a home address in Luton to submit Primary School in-year school admission application which has deadline end of June.
If it is SIO then I will be allowed to make an urgent application or I will be forced to go through mediation ?
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.
When is the next hearing and what is that for?
Clare
Customer: replied 3 years ago.
Next hearing is on 02/07/2014 and it is related to child's given name. I and the school call child with different given name however all official documents have her real given name. My ex objects that and wants only real given name to be used in schools however the child prefers her nickname to be used in schools and by friends. He requested judge to force me to use only real name and not the nick name in school but judge declined that. He accused me that I am poisoning the child against her real given name. Judge said that needs to be investigated by Cafcass. So they have given another hearing. One of the order that Judge gave on February hearing is

1. The Mother shall ensure that the child's given name is XXXXX XXXXX all official documents.

2. Permission to either party to apply to restore this case without a formal C100 application being lodged.
Where -

(a) there are no proceedings pending under Part 2 Children Act 1989;

(b) an officer of the service/Welsh family proceedings officer who remains involved with the case is given cause to suspect, whilst this order is in force, that the child concerned is at risk of harm; and

(c) as a result that officer makes a risk assessment under section 16A of that Act, the officer may apply to the court for it to revive the previous proceedings and to consider that risk assessment and give such directions as the court thinks necessary.

That's all.

Expert:  Clare replied 3 years ago.
HI
In that case you need to make an Application within the existing proceedings for a Specific Issue Order regarding the move
The form you need is here
http://www.familylaw.co.uk/system/uploads/attachments/0008/5601/C2.pdf
You should ensure that you have a full dossier relating to schools costs of house sand travel details
available for the first directions hearing
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you for the sending over the form. Please answer few more questions:


 


Q1 I have been instructed in Direction hearing to submit an application if I want to move out of my current home. Does that mean I have to tick 'Permission already granted' in "Section 1. Summary of Application" ?


 


Q 2 Do I have to also submit C100 and C1A forms along with this form ?


 


Q 3 Regarding proposed accommodation, do I need to give holding deposit and show that there is a property where I can move immediately. Will that be enough for proposed accommodation?


 


Q4 Regarding future school, do I need to list the possible good and outstanding schools near my home which I can put in school admission application form ? Will that be enough ?


 


Please note that I will not be disrupting my daughter's current school. She will complete her Year 2 in Infant School by 23 rd July. So anyways she has to begin Junior School in Year 3. The Junior School she got place into is in Special Measures and with father's consent her name is XXXXX XXXXX waiting list in other good and outstanding schools. So disrupting school is not an issue. I will be driving from Luton to her school everyday till she complete her Year 2. In the meantime she will get place in Year 3 in Luton. That is the plan. I hope the court will have no objections on that ?



The LU1 isXXXXXfrom school, LU2 isXXXXXfrom school, LU3 isXXXXXfrom school and LU4 isXXXXXfrom school. These are the only four postcodes where I am intending to move. I am giving my preference to LU1.


 


Currently, I am paying £1062 per calendar month for 2 bedroom flat and in Luton I have to pay from £525 - £ 650 per calendar month for 2 bedroom flat. My household income is £1800 per calendar month after tax deductions. My pay is £1000 per calendar month and my sister earns £800 per calendar month. I owe £ 6000 to my bank. I owe to my company as well as I am withdrawing too much from company's account to live a decent life in London.


 


Q5 Do I need to send any supporting documents with my application e.g. bank statements showing my debts, my payslips, etc. Also shall I also send how much my withdrawing are from company's account and as a result of that my company owes £5000 to HMRC and £2000 to bank ?


 


I shall be very grateful if you give me satisfactory answers to all above. So far I am very satisfied with your previous reply.


 


 

Expert:  Clare replied 3 years ago.
Hi
1. You do not need permission to apply
2. No
3. Only if you have found a suitable property
4. Yes
5. Not at this point no
Clare
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