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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1766
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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What right of action do I have as a divorced father if my ex

Customer Question

What right of action do I have as a divorced father if my ex wife is considering moving to different part of the UK and taking our daughter with her? This will entail moving school - my daughter is 11.
Submitted: 6 months ago.
Category: Family Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Where in the UK are you and where does she wish to move to?

-What have the arrangements been for your daughter to see and live with you and how long has this been going on for?

Customer: replied 6 months ago.
We are both currently based in Wokingham. I have not been given the detail as to where she will move, just that "we need to discuss my daughter's schooling in the light of an impending new house purchase". My daughter has recently been accepted as pupil in a very good school (probably the best) in Wokingham to commence in September 2016. My daughter is 12 on 14.09.16I have the following arrangements for my daughter to see and live with me:
- I pick up from school on Wednesdays, overnight stay and then take to school on Thursday
- I see my daughter from Saturday evening at 18.15 until 18.15 on Sunday
- I attend all her school events (e.g. sports day); club events (e.g. theatre productions); out of school sports clubs
- We will, on occasions, adjust our times so that I can spend whole weekends with my daughter
- I also take my daughter to school friends parties and collect her on completion, if this is during my time with her.
Expert:  Harris replied 6 months ago.

Thank you. As you were married to the mother you will have parental responsibility and you should be consulted and involved in any decisions regardimg relocation or change of schools. She will need to disclose this to you so that you can make an informed decision and if it is going to impact your relationship with your daughter or you do not think it is in her best interest you can reasonably refuse your agreement to the move.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order (if you wish for your daughter to be placed in your care) and a prohibited steps order to prevent her relocating and moving schools and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 6 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 5 months ago.
Is there a limit on the distance which my ex wife can take my daughter away from me eg 1.5 hours travelling time from our current home town?
Expert:  Harris replied 5 months ago.

There is no "limit" per se, but she needs to consult you regarding any major changes, especially if it will impact your relationship and arrangements to see her.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 5 months ago.
Thanks. I am also concerned as to whenU should have been consulted about such a move. I first became aware on Friday June 2nd but since that time, I am informed that an offer has been placed and accepted on a property in Lincolnshire. Clearly this has been in the planning stage for some time with no consultation with me as the Father. Do I have any right of action?
Customer: replied 5 months ago.
Sorry that should be "I" not "U" and Friday 3rd June.
Expert:  Harris replied 5 months ago.

You should have been given reasonable notice in order to consider such proposals and she should not have started making applications to move until your views are heard and a decision has been made between you. However, given that the school year is about to end it is highly unlikely that she will start a new school before September thereby giving you thr chance to make an urgent application to court to prevent the move if you want your daughter to live with you and stay in your area.

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