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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33304
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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hello, my husband and I have bee separated for 2 years now

Customer Question

hello, my husband and I have bee separated for 2 years now but have never got around to getting divorced and we still both live in the same town but separate houses which have nothing todo with each other. We have an 8 year old daughter who lives with me I have been with a new partner for a year and we want to move to another part of england (about 2 hours from where my husband live). He has her every second weekend (fr and sat night) and every wednesday. Can you please advise if I have a right to move towns and take my daughter with me?
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.
Does he have her overnight on the Wednesday?
What contact will you offer after the move?
Clare
Customer: replied 2 years ago.

Yes he picks her up from after school club on a wednesday and has her overnight then drops her to school. I am open to how much he sees her but I envisage he would still have her every second weekend and as much as he wants on school holidays. I still very much want him to see her as much as we can manage.

Expert:  Clare replied 2 years ago.
Hi
Will you be willing to bear the costs of travel in terms of time and money?
Clare
Customer: replied 2 years ago.

do you mean for him? As in pay for his petrol and not sure what you mean by hours? We would be 2 hours apart so I maybe wrongly assumed we would meet in the middle for drop off and pick ups but if that is not the case I would consider paying for his expenses. He earns about 3 times what I do though.

Expert:  Clare replied 2 years ago.
Hi
If you are the one moving away it is generally expected that you will bear the brunt of the travelling to ensure that Contact is ongoing - you would not be expected to pay his travel costs but it would be reasonable to expect you to do most of the travelling itself
You should offer to discuss what arrangements can be made with your ex using Family mediation (www.familymediationhelpline.co.uk) to see what can be agreed
You do need to be aware that your ex will be able to apply to the court for an Order preventing the move until matters have been considered - indeed he could also argue that the child should live with him so that she can remain at the same school with her friends.
However I do not think in the long run that a Curt would prevent the move providing proper contact arrangements are made
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Thank you. So what would the long term situation look like? What would I need to do to best make sure she will stay with me when I move? Also, would he still have to pay child maintenance?
Expert:  Clare replied 2 years ago.
Hi
Be generous in your offer of Holiday Contact and offer shared travel arrangements where you clearly go further than he does
he will still have to pay child maintenance
Clare

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