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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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i live in newcastle(england) and my ex wants to move to wales

Resolved Question:

i live in newcastle(england) and my ex wants to move to wales with are child, we were not married but i am on the birth certificet of are child. Is this posible?
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello & thanks for your question.

I need a bit more information to be able to answer:

Where does your ex currently live?
How old is the child?
What are the arrangements at the moment for you to see your child?
Have there been any court orders made concerning your child, & if so, what do they say?
Customer: replied 3 years ago.
my child is 10 years old. She lives with her mother in Newcastle. I see her on a weekly basis although she does not sleep over. I can see her more often if my child wants to or if i have time off work. I pay £130 a month.
Expert:  UKfamsol replied 3 years ago.

Hello again & thanks for the info.

I understand your question to be whether you can stop the mother of your child from moving from Newcastle )where you, and she and your child currently live), and taking your child with her to live in Wales.


I understand that there are no court orders in relation to your child and that there is no particular arrangement for you to see your child.


You are also named on your child's birth certificate, which means even though you are not married to the mother, you have parental responsibility for your child.


The first point to make is that you will not be able to stop the mother moving wherever she wants within the UK, as she has freedom of movement and the civil liberty to live where she wants.


There's a very SLIGHT possibility that you may be able to prevent your child's mother from taking your child with her – if you can persuade the court that your child's welfare would be best served by staying in Newcastle. Eg she's happy, well settled and doing well in her school with lots of friends. To do this, you would need to apply for a specific issue order – ie an order which states that the child must attend the named school. If the court made such an order, then either the mother would have to change her plans to go to Wales, or if she wanted to go anyway, you would also have to ask the court to make a child arrangements order that specified that the child was to live with you - you would need to show the court that you had sufficient accommodation for your child, that you could look after your child, and that the child would not be too distressed living away from her mother.


I have to say that it is very rare for a court to make a specific issue order, and also, if your daughter's main carer has always been her mother, it is unlikely that the court would say that your daughter should now live with you.


If you did want to apply to court, the form you need is a C100, here:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf


But I do think it is worth while discussing with your daughter's mother what the arrangements for you to continue seeing your daughter will be if she does go to Wales with her mother. Setting out a regular timetable would help all three of you – for example, could you and the mother alternate taking your daughter to visit you each once per month so that you still see her once a fortnight? What days of the week & what times can you to speak to her by telephone? Do you have Skype? Email?


You could try mediation before she leaves for Wales. The family court anyway now requires the parties to have attempted mediation before it will consider an application to court. Here's where to find a local family mediation service:

http://www.familymediationcouncil.org.uk/find-local-mediator/


As a father with parental responsibility, you will continue to have the right to be involved in your daughter's education even if she lives in Wales, so ask the mother what school your daughter will be going to, then write to the school to introduce yourself, and see if you can visit on sports days and concerts etc just as you would if you daughter was still in Newcastle. Get the dates direct from the school, rather than your daughter's mother. You are also entitled to copies of school reports, and again I would advise asking the school direct for these rather than the child's mother.


Your liability for child support continues regardless of whether or not you see your daughter. If she stays with you at least 104 nights over a year, then the amount you have to pay is reduced. This government website gives a lot of information:-

http://www.cmoptions.org/en/calculator/


I think you would benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor:-

http://www.resolution.org.uk/findamember/

I know this wasn't exactly what you hoped to hear but I hope it helps anyway and I wish you the best of luck.


Thanks and best wishes...

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