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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have 50/50 access with my sons farther but my son resides

Customer Question

Hi I have 50/50 access with my sons farther but my son resides with me and I claim the child benefit, I'm in a new relationship and want to move out of my current home town closer to work and family for when I have more children. My sons farther isn't supportive and I don't know if this means I can't move my son would need to change schools if I move
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

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

-How old is your son?

-Are there any orders in place regarding him, if so what?

-Were you married to the father, or is he named on your son's birth certificate?

Customer: replied 1 year ago.
HiMy son is 8 years old and his father is on the birth certificate. We were married after he was born.During our divorce was where the 50/50 was agreed by the court which I had no objection too
Expert:  Harris replied 1 year ago.

Which town are you and the mother in and where are you planning to move to?

Customer: replied 1 year ago.
I am the mother I live in Warrington in great Sankey and his farther lives in cultcheth Joseph's school is in great Sankey where I live
Customer: replied 1 year ago.
I'm planning to move to Stockport. I work full time in Manchester and so I will have less of a commute when I move
Expert:  Harris replied 1 year ago.

Thanks for confirming. I have checked the distances and it does not appear that the distance between his location and your new proposed location will be a lot (I have seen 15 minutes extra by car?). The distance between Stockport and Culcheth by car is also 30 minutes and the distance itself will not be the deciding factor in a court agreeing that a change of school is in your son's best interests especially as you have shared care with the father.

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 specific issue order 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 1 year 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.