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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33082
Experience:  Over twenty-five years experience
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My daughter's ex has taken her to Court to stop her moving

Resolved Question:

My daughter's ex has taken her to Court to stop her moving away from the area, and he has also put in a Court Order for a shared childcare arrangement. She is planning to move to a property 1 1/2 hours away so not a great distance. They were not married when the two children (aged 3 and 5) were born, but got married later the same year that the youngest was born so the children were born out of wedlock when they were living together as partners. They have since divorced as the marriage has broken down.
As the father was not married to the mother (partners) when the children were born, but they were married later, can he still claim equal shared childcare or does this weaken his case? Does he still have the same rights?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
The fact that they were not married at the time will not affect his rights. He will have the same rights as they both will have parental responsibility. She should be applying for a Child Arrangement Order (she will only need to tell the court that she wants the children to live with her and that she does not support the making of a 50-50 split) and should not have to make a formal application. A shared arrangement does not have to mean 50-50 on time split - it can still mean alternate weekends and the like. She may also have to ask the court for a specific issue order to seek approval for her move. Happy to discuss - please rate positive,
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Customer: replied 2 years ago.

Thank you for your help/information. That answers the question.