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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33314
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 need some advice on where I stand with my children am

Customer Question

Hi I need some advice on where I stand with my children am ex partner we split up 2 years ago amd since then we had a custody dispute we went to court this year im January amd we had joint custody where one week I have my 4 girls 4 nights then 3 the next and obviously the same for my ex once he had the court order things went downhilll very quickly he stopped seeing them from july unltil sept for no reason at all just didnt turn up for them and wouldn't andwer their calls even tho he lives 5 mins down the road had no contact which affected my children terrible as they couldn't umderstand y he had stopped comtact they tried calling in sept and he did answer amd saw them for a few hours here and rhere for a few weeks now contact has stopped again, I have a new partner and a 5 month baby my partner is from republic of ireland so I have a feeling this is why my ex went for joint custody imcase we ever wanyed to move, at this present time we are really thinking of moving as my new partner would like our daughter to grow up near hos family but I need to know where I stamd with my ex would je be able to stop me our 4 children are 12, 9, 6, 4
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youYou will need either the agreement of your ex or an Order from the Court to remove the children from Wales to either Northern Ireland or Eire.The fact that he has not kept up with the shared care arrangement will be useful in showing his lack of commitment - but it will be a matter for the court to decide in the end.Please ask if you need further detailsClare
Customer: replied 11 months ago.
I haven't mentioned it to my ex as I know he will do everything to stop me as he told me when we split up that he would never leave me be with anyone else and has made things difficult from the minute we split up when I met my mew partner when my ex found out he attacked me and got convicted of that but it resulted in me being to nervous of all the hassle it would bring if my new partner ever moved in with us so he stil doesn't and works away which means my baby daughter isnt having as much contact with her father as we would like amd thats the reasoning behind wanting to move domestic violence was a huge part in why I split with my exand alot of control over me thats why im worried on how much more he can control things I really think if I took him to court for us to be able to move he would definitely put up a fight not because je wants the children with him but to not leave me move on and be happy im wondering if he carrys on with the no contact which im certain he will until at least the kids try amd get hold of him would the courts take the length of time he doesn't bother in to consideration ? The only time he will want to see them if he thinks it would ruin our plans to move, my oldest 2 children refused to see him when he did have contact at beginning of the year even tho I really tried to get them to go with him he hasnt been all that nice to them and are picking up on the way he acts so would that affect us being able to move you kmow would the courts ask them what they want ?
Expert:  Clare replied 11 months ago.
The longer that he does not have contact the more likely it is that the court will support you.However what you do need to do is to start living your life as you wish to live it - including allowing your new partner to move in.You and the children need to see that you no longer have to live by his rules
Customer: replied 11 months ago.
Thank you that helps alot , I thought by not leaving my new partner move in I would be doing whats best for my children with my ex because I didnt want anymore hassle or abuse of my ex especially as the restraining order i had expired recently but I see now that im maybe not helping things by leaving him think hes still in control.thank you for your help
Expert:  Clare replied 11 months ago.
You ar every welcome - and it is hard - but you can do it!

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