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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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 partner has just been told that his ex is moving their children

Customer Question

my partner has just been told that his ex is moving their children to eastbourne as she is under alot of stress and cant live where she is a the moment, but the children dont want to go and she is currently being investigated by social services what are our options and is she allowed to move although he has concerns for their welfare and fear of not seeing them as often as he does now which is every weekend
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.
How old are the children and how long do they stay with your partner each weekend?
Clare
Customer: replied 2 years ago.

They are 9 and 8 and every weekend most sat until sundat they see him currently but he wants more

Expert:  Clare replied 2 years ago.
Hi
Why are Social Services involved and could your partner manage if the children came to live with him?
Clare
Customer: replied 2 years ago.

They are involved cos she told her doctor she couldnt cope and yes he could managae them and he is very hands on such as helps with home work, reading, helping with things like teach them to tie their shoe laces etc and provides £240 on a monthly basis as well as buys them new clothes, shoes etc

Expert:  Clare replied 2 years ago.
Hi
How imminent is the move?
Clare
Customer: replied 2 years ago.

Hi she's thinking September

Expert:  Clare replied 2 years ago.
Hi
Then the starting point is for your partner to arrange to discuss matters with his ex using Family Mediation (www.familymediationhelpline.co.uk)
He should make it plain that he does not agree with the move and would take over the care of the children if that is not successful then he can apply to the courts for a Prohibited Steps Order to prevent the move until matters have been properly considered by the court - and a Child Arrangement Order stating that the Children live with him.
He can read more here
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
I hope that this is of assistance - please ask if you need further details
Clare

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