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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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My partners ex is trying to stop her moving in with me 7 miles

Resolved Question:

My partners ex is trying to stop her moving in with me 7 miles from where he lives. If the prohibited steps order is granted and i have to sell my home to live there (we will be married this sept) would a have a civil claim case to get back the money its cost me to move, eg- solicitors bills, removal truck etc.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhy does he wish to prevent this?Are there children involved?
Customer: replied 1 year ago.
They are fighting custody of their son. He is doing this because he is unwilling to travel on bus to pick son up from school and take im. This would be to pick him up every 2nd weekend on a friday and take him on a monday. He cant even be bothered while his son lives 10 mins away but is trying to control my partner through use of his son to stop her moving.
Customer: replied 1 year ago.
He has stated that he had no problem with the move to begin with if my partner and i were willing to do all the travel but now he is just trying to stop the move because we wont do it.
Expert:  Clare replied 1 year ago.
Are you moving 7 or 70 miles away?How old is the child?
Customer: replied 1 year ago.
I live 7 (seven) miles from my partners town, her ex also lives in the same town as she does. The child will be 3 next month
Expert:  Clare replied 1 year ago.
Are either of the parties represented by a solicitor?
Customer: replied 1 year ago.
My partner isnt as money is an issue, he is getting legal aid and is represented
Expert:  Clare replied 1 year ago.
Which part of the Uk are you in?
Customer: replied 1 year ago.
Nottinghamshire
Customer: replied 1 year ago.
England
Expert:  Clare replied 1 year ago.
Are you sure he has legal aid?
Customer: replied 1 year ago.
Yes he does. The letter we got from his solicitors to say about the prohibited steps order says they are trying to renew his legal aid certificate
Expert:  Clare replied 1 year ago.
Who are his solicitors - and how long has this case been ongoing (Legal Aid in such cases has not been available for some time)What is the current pattern of contact?
Customer: replied 1 year ago.
This has been ongoing since dec 2014. His solicitors are jones and co. The child is currently seeing his dad every friday from pre school until 12.30 on a sunday through court order until something is sorted- but usuually he never brings him back on time and the childs father very rarely brings the child back, usually a relative
Expert:  Clare replied 1 year ago.
When is the next scheduled hearing?
Customer: replied 1 year ago.
Im sorry but i just wanted to know if i had a chance of a civil case claim against him to compensate me for selling my house and having to move.
Expert:  Clare replied 1 year ago.
Sadly no you would not be able to do so.HOWEVER there is no basis on which the court will grant this Order and it would be an abuse of Legal Aid to use funding to make the application.I am in fact deeply suspicious of the letter that your partner has received as it is totally unrealistic and the solicitors should know thatThe worst case scenario would be that your partner will have to do half of the travelling.Please ask if you need further detailsClare
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