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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1189
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I live in Essex with my Northern Irish husband and our two

Resolved Question:

Hi, I am Scottish. I live in Essex with my Northern Irish husband and our two children (2 years and 8 months). We have no family living close by. Currently my husband works in Wales 5 or 6 days per week. However next year he intends to stop working away from home as he and his father will have 3 wind turbines providing a healthy income.
I am a full time mum. I would like to return to work next year. However my salary would bearly cover the cost of full time childcare. We intend to move to Scotland next year as this would provide family support with the children and my mum is a childminder and would look after our children full time at a low cost allowing me to return to work. (I have no proof of this intention.)
I am, however, very unhappy in the marriage. My question is if I leave my husband now whilst we live in Essex could he stop me moving to Scotland with our children? Kind regards, Lisa
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Dear *****

Welcome to Just Answer

I am a Solicitor and will assist you.

I am very sorry to hear about the difficulties in your marriage.

What you need to know is that if your husband does not agree to you and the children moving to Scotland then he can apply to court for a prohibited steps order to prevent you doing so.

If your husband took such action then the court would have to make the decision as to whether the move is in your children's best interests. You would have to present a case to the court that the move would be in your childrens best interests. It would be wise to look at local facilities in the area you wish to move including schools and nurseries.

You would also need to consider how you would promote contact with the father. This would be an important consideration for the court so you should consider all options including weekends, holidays, skype, telephone calls etc.

Its best to let your husband know your position and find out what his is.

Family mediation is an option to consider. They can help you discuss arrangements and proposals. 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 family mediation is unsuccessful then the court will have to decide.

Kind Regards

Caroline

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Customer: replied 1 year ago.
Hi,Can you please advise whether given my reasons for the move (ability to return to work with low childcare costs, affordable property prices, family support versus being completely alone) the court is likely to rule in my favour? Thanks
Customer: replied 1 year ago.
Obviously I will agree to and facilitate regular contact with their father .
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

Every case is different. The court would ask a children and families officer (cafcass) to undertake a report and make recommendations.

This is technically an application to remove the children out of the jurisdiction - as Scotland is a different jurisdiction - although a court may consider this more of an internal relocation.

Until very recently it was the position that the court would often agree the move. There has been a change of case law recently and the emphasis is very much on the on-going continued relationship between the absent parent and the children. The court will really want to know how this can be maintained and be meaningful.

Given what you have said about it also being the fathers plan to move to scotland in the future and also given that you are the main care giver - these factors will be in your favour.

Kind regards

Caroline

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