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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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If separated parents have joint care of their children and

Customer Question

If separated parents have joint care of their children and the access arrangements centre upon work shift patterns, then one of the parents leaves the area for work reasons to an area where there are family members for support, can the courts stop this happening and insist that the parent and children remain where they are?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Where there is genuine shared care then the father can apply for an Order preventing a move if it means that the existing arrangements will have to change.
Whether or not the court will prevent the move depends on a number of factors including the age and wishes of the children; the actual care arrangements and why the mother wants to move.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Clare,

Many thanks for your reply. The age of the children, my daughters, are one boy 4 years old and an older boy of 9 years of age rising 10 ( at end of December)

The existing arrangements would have to change if my daughter changed her employment and this required a house move from the area, because both parents currently work shifts and currently the father has the children before and after school and weekends when my daughter's shift pattern requires it.

The reason for the change would be work related such that she either transferred from her current employer to another area or was able to secure employment with a different employer as a result of changes at her current workplace. Her preference would be to move to where she also had extended family support.

We know that the father would seek to prevent the move.

Is there a consistent view on the above held by the courts because thus far our experience has been very mixed and open to subjectivity by those making decisions.

Expert:  Clare replied 2 years ago.
Hi
Exactly how much time do the children spend with their father at the moment
Clare
Customer: replied 2 years ago.

I will answer this as on school days and with the youngest starting full time school in September: the shift pattern is 10 day rotas. In this case it is 10 hours plus 2 overnighters. If equate to 14 days ( fortnight) it is the same as there are then 4 days off( hope this makes sense) So, 10hours plus 2 over nighters each fortnight.

Expert:  Clare replied 2 years ago.
Hi
So at present the children spend two nights a fortnight with their father - plus about five hours a week visiting contact.
How far away might mum move?
Clare
Customer: replied 2 years ago.

This is correct

Mum might move 180 miles away that is approx.*****/p>

Expert:  Clare replied 2 years ago.
Hi
Which family members are there?
Clare
Customer: replied 2 years ago.

Would this make a difference? But myself ( grandmother)

Expert:  Clare replied 2 years ago.
Hi
Yes it would make a difference to the court - so to check - you are grandmother to the child, mother to the mother?
Clare

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