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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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 ex partner and I have 2 children both under 8 years old

Resolved Question:

My ex partner and I have 2 children both under 8 years old and im named as father on the birth certificate. This last year 18 months ny ex has got married had another child and moved to Birmingham from Scarborough then split up with her husband moved back to Scarborough (so children have moved schools again) and now wants to move them back to Birmingham, on top of all this she is going to a psychiatric doctor as she has manic depression! I want to have the children live with me in Scarborough so to continue going to their current school where they are happy as they were both unhappy in Birmingham. Is there something I can do?
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.
What contact do you have with the children?
Clare
Customer: replied 3 years ago.

Hi Clare,


I have lots of contact with my children. I live between spain and england as have businesses in both countries. The children (since my ex and I separated 3 years ago) have stayed with me every school holiday (either in Spain or UK) and some weekends in between the holidays depending on time off my work. Recently my ex asked me to have the children permanently as she has depression and seeing a psychiatrist so from the 2nd of May this year I have had the children full time in Scarborough and will have them full time until September so my ex can sort herself out. From September my ex wants to move the kids back to Birmingham but I want to stop this as they were not happy there the last time and I could take care of them full time in Scarborough so they carry on at there current school. Thank you,Darren

Expert:  Clare replied 3 years ago.
Hi
How old are they and what contact are they currently having with their mother?
Clare
Customer: replied 3 years ago.

Hi Clare,


They are 4 and 7 years old. Recently the contact with there mother is only 2 days since the 7th of May 2014. Before this the children lived with there mother at their grandparents full time.


Another part of my concern is on top of the depression my ex is drinking a lot and has been in hospital for drinking to excess. This is why her marriage broke in the first place and now she is trying to get back with her husband and for this reason she wants to move back to Birmingham. Thank you

Expert:  Clare replied 3 years ago.
Hi
In that case there is indeed a great deal that you can do
You should arrange to discuss matters with your ex using Family Mediation (www.familymediationhelpline.co.uk) to suggest an arrangement where you are the full time carer of the children.
If this fails then you can apply to the court for a new Child Arrangement Order stating that the children live with you and setting out what contact your ex should have - or even just an order that the children's school cannot be changed again unless you both agree for the court makes a further order
I would wait for a further month before starting this as the longer the children are in your care the stronger your case is - if you are concerned that she will try and remove the children from your care then you can make an urgent application for a Prohibited Steps order to prevent this
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you Clare that is very helpful.


Just one more question, this is not what I intend to do but it may arise in the future. My business in Spain is going well and I may have to spend more time there in the future. In your experience what are courts like with moving children out of the country but of course staying in Europe based on the circumstance we have spoken about?


Thanks again, kind regards, Darren

Expert:  Clare replied 3 years ago.
Hi
You will need either the agreement of their mother or an Order from the Court - but provided you make proper arrangements for contact there should be no problem
Clare
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