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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33521
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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I'm a father of two boys currently cohabiting with their

Resolved Question:

Hi
I'm a father of two boys currently cohabiting with their mother whom I have been with for 10 years.
The children are aged 6 and 3.
We live in the South, near London, however, my partner is originally from Manchester.
We are discussing a separation and she is adamant she would move back to Manchester with the children.
Manchester is 215 miles from where we currently live, and my argument against that is it would not give me quality time with my children. With my work I would have to make the trip up on a Saturday and have them back again the following day...the trip itself takes 4 hours each way.
My view is this would damage my relationship with them, and wouldn't be in the children's best interest.
Were we to split, I would happily finance her lifestyle in the same way I do now, that isn't to say I am rich, I'm not, but I would sacrifice to be abel to remain in my children's life, and not become a bit part father.
My question is, is she legally able to move so far away?
Thanks
Gavin
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhat support network and work opportunities does she have in your current area?
Customer: replied 1 year ago.

She has friends but no immediate family, although my family are close to her.

Re work there are lots of local opportunities, but she also has the option of London where she has worked before as a PA...

In addition, I would fund her expenses to include a car, home etc...

Customer: replied 1 year ago.
Relist: Answer came too late.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Gavin
I am a Solicitor and will try and assist you.
To answer your original question simply (and bluntly) the mother of your boys could legally choose to move to Manchester with your boys.
From your question - I can tell that you are a devoted father and of course the impact of such a move would undoubtedly have an effect on the time that you spend with your boys.
If you do not agree to the move then you should consider making an application to the court for a Prohibited Steps Order to prevent the mother relocating with your boys until the issue has been decided. Form C100. Fee £215. Application goes to your local family court. The court can deal with the specific issue of the internal relocation if you both cannot agree.
Normally before an application can be made to the court - a referral to mediation has to be made first. There are lots of mediation services and there will be one local to you. One such national service is www.nfm.org.uk
Mediation will attempt to talk you both through the issue and come to agreement.
If the mother is considering relocating quickly - then the court will likely accept your application without having referred the matter to mediation - if you detail on your application why it is urgent.
The court will look at various factors when making its decision. The basic principle is however that a parent can live where they like in the UK with the children that live with them. I realise that this is likely not what you want to hear.
Kind Regards
Caroline
Positive feedback gratefully received. Happy to discuss further.
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.
My colleague has explained the process you need to follow - to discuss the matter in mediation - and if that fails to apply to the courtfor a Prohibited Steps Order and a Specific Issue Order.On a practical basis you need to have considered both the options.Your main case is that there is no overwhelming reason why your ex needs to move North.Yes her family is there - but you have made it plain that you will ensure that she is financially well provided for if she remains in the area.This could be important since, given that you are not married, he financial claim on you is essentially limited to Child Maintenance (although she could potentially ask for accommodation as well IF You have spare cash assets)You do also need to consider what you will ask for IF the move goes ahead.As you so rightly say the distance is a major issue - however you can ask for a substantial part of each school holiday - the majority of it even, plus you could agree to alternate weekend contact in the Manchester Area. Not great I appreciate but much better to have your proposals ready just in case.The case law on this is not favourable in so far as the trend is that moves should be allowed unless there are exceptional circumstances.You can read more on these pageshttp://theparentconnection.org.uk/http://www.jonesnickolds.co.uk/index.php/relocation-relocation-relocation/I hope that this is of assistance - please ask if you need further detailsClare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33521
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

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