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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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 son as parental rights and access every other weekend half

Customer Question

My son as parental rights and access every other weekend half of all holidays and alternative Christmases.
They are 6.5 yrs and 5 yrs. doing well at school.
The children say they might be moving, over the ladt few years, she had said she is moving to Cadiff, then Builth Wells where she spoke to school. Then moved in with her parents. And didn't move to Builth.
Has he a right to get them to stay at same school ?
Submitted: 7 months ago.
Category: Family Law
Expert:  Harris replied 7 months ago.
Hi, thank you for your question. Has the mother discussed a move with your son? Has she definitely made a decision to move with the children?
Customer: replied 7 months ago.
She has started driving lessons, and also by accident dropped it out to me that she will move then tried to cover it up, this happens quite often when a new partner comes on scene.Also am concerned in my question I put names of places can these be omitted as she or her family will see them and it's a small community
Customer: replied 7 months ago.
She has moved 4 times since the oldest was born thankfully in same town
Customer: replied 7 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.
Not sure how this works sorry wondered if a phone call was better, but have to go out soon will answer come here?
Expert:  Clare replied 7 months ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youIn fact your son's ex cannot simply move the children away without consulting your son and discussing it with himIf there is a real risk that she will just simply move away then your son is entitled to apply for a Prohibited Steps Order stopping her from changing the Children'sschools without your son's agreement or an Order from the CourtHe should try and discuss matters with his ex first using Family Mediationwww.familymediationhelpline.co.ukAn initial meeting is mandatory before any court application is made.If mediation does not result in a Consent order then your son can make the applictaion to the court in person - the fee is £215.I hope that this is of assistance - please ask if you need further details
Customer: replied 7 months ago.
She will tell him and at the moment we all get on, but depending when she or who she is with she will just up and go.
The children who stay here constantly ask to live with my son, his ex says no they can when they are 16.
We just need to know so we can act,when needed,
Have read that courts most times agree with mother the children have lots of support in town from both sides of family
Customer: replied 7 months ago.
They have been through mediation process.
But now it all has to be paid for
Expert:  Clare replied 7 months ago.
In fact the court does not always side with the mother - especially where there is extended family available in the home time.You have to have been to mediation within three months of any court applictaion - so if it was less than three months ago your son should make the application now

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