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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
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 have received a letter from Cafcass to say my ex-husband

Resolved Question:

I have received a letter from Cafcass to say my ex-husband has made an application to court regarding what's best for the children.There will be a court hearing. The issue is that I have been in a new relationship for over a year. My new partner lives in Rugby which is 40 mins away from where I live in Birmingham. My ex-husband wants me to agree not to move the children to Rugby,not to change their schools and not to change contact arrangements.I have told him that contact arrangements will not change but I am not prepared to agree to his demands because surely I am allowed to move on with my life? My question is ,can I be forced to stay in Birmingham and do I need a solicitor to represent my case?
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

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

How old are the chidlren and what is the current pattern of contact?

Customer: replied 9 months ago.
Hello Clare,the children are 5 and 6. They are with their father every Wednesday and Sunday night and every other Saturday.
Expert:  Clare replied 9 months ago.

How will he get them to school if you move?

Customer: replied 9 months ago.
Well he wouldn't have them on a Wednesday night...we would compromise and he could them at a different time to make up for it....at the weekend or Friday night. I do not want to reduce his contact,I have never stopped him from seeing them. I have told him this but he is not interested in listening.
Expert:  Clare replied 9 months ago.

What extra ocntact would you offer?

Customer: replied 9 months ago.
More in the holidays and Friday if he's not working
Customer: replied 9 months ago.
Hello are you still there?
Expert:  Clare replied 9 months ago.

Has he been a regular attender at school events?

Customer: replied 9 months ago.
although he didn't go to sports day this year. However, Rugby is only a*****away.
Expert:  Clare replied 9 months ago.

How long have you been with your new partner?

Customer: replied 9 months ago.
Just over a year....would it make a difference if we were engaged or married?
Customer: replied 9 months ago.
I have to go back to work now. I hope you have enough information to give me an answer.I have just found out that the court hearing is on September 15th.
Expert:  Clare replied 9 months ago.

No - the length of the relationship is the crucial point.

The Court does have the power to say that the children cannot be moved to new schools and to transfer their care to their father if you decide to move anyway.

HOWEVER in your case I do not believe that this is a risk.

the chidlren are young; the distance is relatively short and your relationship is well established.

You do need to firm up your Contact offer - half of all school holidays and maybe two weekends out of three and being generous in terms of who does the travelling should suffice.

Whether you use a solicitor or not is up to you.

There is no reason why you should not do it yourself provided you can stay calm even under provocation.

Make sure that you have full details of schools etc.

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

Customer: replied 9 months ago.
Thank you very much.That is helpful.
Expert:  Clare replied 9 months ago.

You are most welcome - I hope all goes well

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
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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