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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am divorced of three years. We have an 8 year old who i

Customer Question

Hi
I am divorced of three years. We have an 8 year old who i have sole custody of, she sees her father one evening a week and every other weekend.
I am moving away in December, in the same county but about 1.5 hours away.
What i need to know, is can he stop me? What information should i give him when i tell him i'm moving? Obviously i don't want his contact to stop, but it might not be as regular as it is now?
thanks
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
What information do i need to legally give when moving away with a child. Do i need to give my address for example? How should adequate contact arrangements be made?
Expert:  ukfamilysolicitor replied 9 months ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Can I ask: - is there a reason why you do not want the father to have your new address?- do you think he will be agreeable to you moving?- what has brought about your move? new job? family in the area? have you looked at schools etc for your daughter? Kind Regards Caroline
Customer: replied 9 months ago.
HiI think he will be angry about the move. Since separating, there has been constant hassle from him regarding me and my child.I am remarrying and are moving through job requirements.
We have not long decided to move and therefore haven't yet looked at schools etc.
Customer: replied 9 months ago.
I'm happy for him to have my address, I just don't want him coming to the property
Expert:  ukfamilysolicitor replied 9 months ago.
Hello Thank you for your response. If you were married at the time that your daughter was born then it is the position that the father will have parental responsibility for your daughter. It is best to let him know as soon as possible that are planning to move and when the move is planned for. Before discussing the subject with the father I would suggest that you come up with proposals in respect of how the contact will continue to be promoted. Every other weekend shouldn't be a problem - but the week nights will be. Perhaps you could suggest a regular phonecall or face time or such like. If the father didnt agree with your proposals for the move - then he could apply to a family court for a prohibited steps order to prevent the same. In reality when such applications come before a court - as long as you can convince the court that the move is a well thought out move and that schools etc have been arranged and contact will be promoted with the father - then the court will likely approve you to go. Its therefore best to get things out in the open sooner rather than later so that if he does try to be difficult and make an application to the court - then there is plenty of time for this to be resolved prior to the planned move. You may want to consider making a referral to family mediation. The father would have to do this before he could apply to court with the amount of notice you are giving him. Mediation will try and help you both agree matters without the need for court. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. If your ok with letting the father have your new address - then I have no issues with this. If however he does start turning up at your property - warn him then simply call the police. Your ex has no right to live there and the police will move him on and likely warn him. Do let me know if I can help you further or clarify anything for you. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 9 months ago.
as long as I can justify the reasons for moving, give him information on the possible schools and give him options for contact arrangements, then there shouldn't be an issue?My concern is that he will make a fuss, accusing me of taking his daughter away etc, which is simply not the case.
Expert:  ukfamilysolicitor replied 9 months ago.
Hello ***** - is Yes. Whilst he can try and make a fuss and make an application to the court - as long as you can prove to court that you are not just moving on a whim and that this is well thought out and in your daughters best interests in reality - the court will highly likely agree with the move. Best just to get things out in the open now - so you know where you stand with him. Do let me know if I can help you further or clarify anything for you. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 9 months ago.
Great, thank you ever so much
Expert:  ukfamilysolicitor replied 9 months ago.
Glad I could help Thank you for using Just Answer x
Customer: replied 9 months ago.
Could I ask, is it the fathers responsibility to collect our daughter and return her when he has her? Or do I have to take her to his house or meet halfway? We will be just under 2hours away from his house.
Expert:  Jo C. replied 9 months ago.
I am sorry. I didn't mean to respond to this.
Customer: replied 9 months ago.
Could I ask, is it the fathers responsibility to collect our daughter and return her when he has her? Or do I have to take her to his house or meet halfway? We will be just under 2hours away from his house.
Expert:  ukfamilysolicitor replied 9 months ago.
Hello My apologies for my delay in responding to you. I think there must have been an error with the question as it appeared to have closed. A court would expect you to share the travel - so its best to look at proposals which share the responsibility for the travel - if this is something you can both do. Do let me know if I can help you further. Kind Regards Caroline Please kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 9 months ago.
whilst going through my divorce, my solicitor told me that it would always be the fathers responsibility to see his daughter, regardless of where she lived, meaning that he would be the one to travel to collect her and bring her home?
Expert:  ukfamilysolicitor replied 9 months ago.
Hello In your current context of wanting to move away - you have to be cautious as you really do have to be seen to wanting to promote contact. The courts are also very much of the position that travel should be shared and I think in your current situation this will be a more conciliatory approach for you to take. Holding the position that you will only make your daughter available for contact if he does all the travel could make you look hostile to contact and this wouldn't help you if the matter want to court. kind Regards Caroline

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