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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32980
Experience:  Over twenty-five years experience
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I have split with my partner with whom I have 2 children. We

Resolved Question:

I have split with my partner with whom I have 2 children. We live in London and I'm planning to move back to Yorkshire now around my family. He is saying he can legally block my move, is that true?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
It is correct that your ex can make an application to the court. Your ex could ask the court to decide issues such as with whom the children, whom they will spend time with and specific issues such as where the children should go to school. Your ex could also apply for a prohibited steps order to prevent you taking the children from his care.
Normally before an application can be made to the court, your ex would have to refer matters to mediation first. Court applications are usually rejected unless this step has been taken. Your ex could however argue that the matter is urgent given that your children will be starting back at school shortly and the court might accept this.
The court will decide matters best on what's in the children's best interests, they will consider whom has previously been the main carer and how spending time with the other partner can be facilitated. They will also take in account your children's wishes and feelings if they are older and competent.
There are lots of mediation organisations that can help. One such can be found at www.nfm.org.uk
An application can be made to your local family court on Form C100. The current court fee is £215.
Kind Regards
Caroline
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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 862
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Expert:  ukfamilysolicitor replied 1 year ago.
I would be grateful if you could kindly rate my answer.
Expert:  Thomas Judge replied 1 year ago.
How old are the children?
Customer: replied 1 year ago.

3 years old and 7 months.

Expert:  Thomas Judge replied 1 year ago.
The fact that they are this age makes it much more likely that the courts will allow your move - does he have parental responsibility for either of the children - were you married at the time or is he on the birth certificate?
Customer: replied 1 year ago.

Yes he's on both their birth certificates, no we're not married. I look after both children 90% of the time as their dad works full time, we share the weekends.

Expert:  Thomas Judge replied 1 year ago.
Ok - then if he refuses to consent to the move you will need to make an application to the court for a specific issue order to allow you to move to Yorkshire - this is becoming more and more common such applications. The form is a C100 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf The process will take a short time - normally about a month - you will need to explain to the court why you are proposing to move to Yorkshire and what your proposals will be for them to have contact with their father in the future. This will need to include face to face contact (perhaps longer holidays at Christmas, Easter, Summer and half terms) together with telephone calls/skype etc.Happy to discussPlease remember to rate positively.
Expert:  Thomas Judge replied 1 year ago.
Can you do me a favour and please rate positively - thanks
Happy to answer any further questions
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32980
Experience: Over twenty-five years experience
Thomas Judge and other Family Law Specialists are ready to help you