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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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I'm moving away from my home town with my son, I've informed

Customer Question

I'm moving away from my home town with my son, I've informed the father of the move and he has not directly said yes or no just that he isn't happy with the move. He is on the birth certificate but does not live with us or have any direct involvement with decisions such as which school etc, neither does he pay any CSA or money towards our son, he only sees him once a week on a weekend unless it's exceptional circumstances. I've explained that the move is purely financial and for a better way of live for our son and that I would still do everything in my power for him to be able to see his son as often as he does now. Where do I stand on the move if he decides to take this to a legal matter?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How old is your child and how far away are you moving?

Customer: replied 1 year ago.
Hello clare
He's 4 soon to be 5 in August and it'd Bristol to Torquay which is around 90 miles
Expert:  Clare replied 1 year ago.

Are you willing to return every weekend for contact to take place?

Customer: replied 1 year ago.
my partner has said that he is happy to drive back up, if he can put some money towards petrol, I've also said I'm happy to get a train back to Bristol as I don't currently drive. But we would be coming up ourselves as often as possible to see my family and friends. We have offered to drop my son off and also to meet half way after the settlement period, during school holidays we have said he can have him for more then just the weekends as well
Expert:  Clare replied 1 year ago.

How long does he have him at the weekend?

Customer: replied 1 year ago.
At the moment he has him from on average 14:00 on the Saturday till 17:00 on the Saturday. Occasionally he'll have him on a Friday which is from 16:00 on Friday till 17:00 on the Saturday.
Customer: replied 1 year ago.
17:00 on the Sunday sorry.
Expert:  Clare replied 1 year ago.

So you will bring the child alternate weekends?

Customer: replied 1 year ago.
We've offered both alternate and all weekends, basically we've offered a maximum of 3 out of four weekends, the fourth being set aside for visiting my parents and grandparents.
Expert:  Clare replied 1 year ago.

Have you also given him details of schools etc

Customer: replied 1 year ago.
Not yet as I haven't looked fully myself, the move isn't until November so we haven't looked into it massively how ever he knows that a Church of England school is always my first choice and tends to leave these decisions for me.
Expert:  Clare replied 1 year ago.

That is all clear thank you - just one thing - why do you need to move?

Customer: replied 1 year ago.
We're moving as I've wanted to get out of Bristol for a long time, it's quieter and a lot better socially, i.e more family and friends with children of similar ages, for us in Torquay, also financially it's a lot cheaper, renting a house in Bristol is far too expensive for both myself and my partner who both work full time, and then to include child care costs for my son it gets to be quite pricey, whereas in Torquay we have a house lined up which I'd exactly what we've been looking for and a lot cheaper with schools very local to where we'd be living, in my job I can easily transfer to Torquay as it's retail and the store is a 10-15 minute walk from the house which would reduce my current commute by almost 1 and half hours saving a lot of time for myself and meaning more time spent with my son, currently I can work anytime between 9am to 9pm as I work in a shopping centre whereas the new store is a 09:00-17:30 opening meaning again more time with my son.
Expert:  Clare replied 1 year ago.

But why Torquay?

Customer: replied 1 year ago.
Because I know the area, my partner is from Torquay so we have family and friends down there, my son also enjoys being there whenever we go for a weekend, there is more of a support network there as everyone is closer, I can also afford to cut my hours down at work giving me more time at home with my son, whereas living in Bristol my parents work full time and can only help on occasional weekends, the father's family very rarely offer to help out and although he doesn't work he still only has his son one night a week, unless under exceptional circumstances, leaving my 86yr old grandfather to care for my child whilst I work. It is literally the case of a better life for my son and myself, more time to spend with him as I have worked full time since he was 6mths old and missed so much because I've had to work to pay for all he needs as his father hasn't payed toward him, moving to Torquay means I can make up for time lost with him and be able to do more with him.
Expert:  Clare replied 1 year ago.

Excellent

You have good reasons for the move and have clearly thought it through.

In the even that your ex applies to the court for an Order trying to prevent the move his lack of involvement with the child coupled with your clear reasons make it likely that a court will support the move.

With regard to contact alternate weekends plus half the holidays would be reasonable - with you bearing a larger part of the travel costs in time and money

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
That's excellent thank you, we're happy with taking the majority of the burden with time and cost due to the inconvenience it will be, hopefully it doesn't go that far but at least now we know where stand, thank you ever so much for you're help.
Expert:  Clare replied 1 year ago.

You are most welcome I hope all goes well