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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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Can my ex move 2 hours away with our son? Can I stop this

Resolved Question:

Can my ex move 2 hours away with our son? Can I stop this move?
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 is the child and what is the reason for the move?
What contact do you have at present and what contact have you been offered after the move
Clare
Customer: replied 2 years ago.
Hi Clare,
My son was 2 in September. My ex wants to move to be with her mum and she also says there are better work prospects in Milton Keynes than Tonbridge, and the cost of living is cheaper (housing mainly). She is unemployed now having given her job up to be a full time mum and says she wants part time work.
My family (Mum, sister and nephews) live here but my work is contract based so my ex argues that I can live in Milton Keynes too (which is true but I don't want to move). My ex does not have a good relationship with my family and says she feels isolated here and needs support.
Contact since our separation (August) has been mainly weekends only and every weekend because my last contract was in Amsterdam. My son stays with me at my Mum's house on a Saturday night which is where I'm living until we sell our house which she is in with our son. I see him one full day at the weekend and one full weekend a month.
My ex has offered the same level of contact and more if I live local to her - she is open to shared residency. In the meantime she has offered to help split the journey between Milton Keynes and tonbridge and once a month do the whole round trip.
Thanks for your help.
Expert:  Clare replied 2 years ago.
HI
Is the house already on the market?
Clare
Customer: replied 2 years ago.
No, we have agreed to put it on in the spring and I couldn't afford to keep it and pay maintenance (it's a large 4 bed house). My ex would have put it on market last autumn if I had agreed and we've had 4 valuations.
Expert:  Clare replied 2 years ago.
Hi
You can apply for a Prohibited Steps Order to prevent the move until the court has decided whether or not the move is in the best interests of the child,
I have to say however that your ex appears to have a good reason for wishing to move and to be willing to be generous and cooperative when it comes to contact which makes it likely that the court will not prevent the move.
However the starting point is to discuss matters with your ex using family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
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