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Ask Clare Your Own Question
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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My son has lived with me 50% of the time since my wife and

Resolved Question:

My son has lived with me 50% of the time since my wife and I separated 7 years ago when he was aged 6. We sorted out access between ourselves as it was quite amicable and he stays one week with me, one with her etc. Now she is living with another partner and wants to move closer to her partner's children which would mean taking him away from his school and changing access arrangements. We are not yet divorced but have started the process and been financially independent for 7 years. I am hoping we can sort this amicably but terrified she will attempt to get custody of him and I will become a weekend Dad. I have been his main carer for all this time as he comes to my house every morning before school as his Mum has to leave for work early. What are my rights and my son's rights (aged 12) in these circumstances?
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 far away does she wish to move - and does your son (now 13?) wish to go?
Clare
Customer: replied 3 years ago.

Hi


 


She wants to move an hour away and he does not want move house or move schools.

Customer: replied 3 years ago.
Relist: Other.
Have not yet received my answer, I need to know ASAP
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
At 13 your son's wishes are going to be decisive in this matter.
You should try and discuss matters with your ex using Family mediation and a mediator trained to work with young people so that your son's wishes can be part of the negotiations.
If your ex will not do this - or will not accept the outcome then you will need to apply to the Court for a Prohibited Steps Order so that she cannot change your son's school.
The court will then decide where the child should live - and given his views then it will be up to your ex if she chooses to move and simply see him alternate weekends and in the holidays
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi. Thanks for the information, my son is 12 he will be 13 in November. Is this still a valid age?

Expert:  Clare replied 3 years ago.
Hi
Yes in these circumstances it will be
Clare
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