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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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 wife is moving to London taking my 6 year old

Resolved Question:

Hi,
My ex wife is moving to London taking my 6 year old son with her.
We have shared care for him for the last 3 years 50/50 although he is registered for everything at her address.
I am prepared to move back to London to maintain the contact and routine that we have built up.
Can I, or is it worth trying to get a proper shared residency agreement to make it official that we share parental duties and that I am involved in all aspects of his upbringing.
Does this also have to go through the courts and solicitors?
Thanks
Tim N
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.
Why is she moving?
Clare
Customer: replied 2 years ago.
Hi
My ex decided to leave her existing job and actively look for a new job in London.
I was told on on Feb 14th that she had accepted the new job and would be moving to London with my son.
There was no discussion or notice before this.
I have my son at least 3 nights a week sometimes 4.
I take him on holidays and pay for activities.
My ex also claims all of the tax credits and child benefit.
On top of this I pay 300 per month to her.
If i move to London to keep the contact I know my son needs I would like a shared residency and to know if we can then split all costs 50/50.
I also know my son doesn't want to move and is very settled in his school and life where he is now.
Thanks
Tim
Expert:  Clare replied 2 years ago.
Hi
Does she have family in London?
clare
Customer: replied 2 years ago.
Yes
Her sister
Customer: replied 2 years ago.
Yes she does.
Her sister lived close to where she will be.
Thanks
Expert:  Clare replied 2 years ago.
Hi
How much do you earn gross per annum?
Clare
Customer: replied 2 years ago.
Hi
Earnings are £38k pa
Are they relevant for shared residency?
Thanks
Expert:  Clare replied 2 years ago.
Hi
It is relevant to the amount of Child maintenance you shoudl be paying.
You are in fact paying well over what you are required to pay already
You have parental responsibility for your child and the right to be consulted on all issues regarding his health and education - and where he should live.
Given the extent of the shared care to date your ex does not have the right to simply decide to take him to London and you can apply to the Court for a Prohibited Steps Order to prevent and change of school until a court has decided whether or not the move is in the best interest of the child
If the move does take place and you chose to move as well and retain a full 50/50 shared care arrangement then there is no longer any requirement for you to pay child maintenance - but there is no way that the benefits can be split I am afraid
The starting point is to discuss matters with your ex using Family Mediation
www.familymediationhelpline.co.uk
If your ex refuses then make an urgent application for a Prohibited Steps Order ( you will get it) and offer mediation again!
I hope that this is of assistance - please ask if you need further details
C;are
Clare and other Family Law Specialists are ready to help you