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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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My ex partner is moving away with my six year old who I have

Resolved Question:

My ex partner is moving away with my six year old who I have a shared care order over can I do anything to stop this
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:

-From where to where is your ex-partner planning to move?

-What are the terms of the order in place?

Customer: replied 1 year ago.
She is moving from urswick to bootle both in Cumbria a distance of about twenty miles my shared care is fifty fifty
Expert:  Harris replied 1 year ago.

Will the move impact your shared care arrangements and/or lead to a change of school for your child?

Customer: replied 1 year ago.
It will mean a forty mile round trip to get him and same four hours later to take him back and a very early start on a Monday to get him there for school as it does meen moving school
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

You can certainly delay matters while a court decides if the move is in the best interests of the child or not; and whether the alternative arrangements in place if the move goes ahead are sufficient.

If you believe that she will simply go ahead with the move then you can apply for a Prohibited Steps Order using a form C100 and paying the fee of £215.

It is an urgent applictaion so at this stage you do not have to attend mediation in order to obtain it.

However you do need to attend mediation in order to look at the posisble options.

Much will depend on the reason for the move - but if it is unavoidable then you and your ex will need to look at all the other options - including the child staying with you to go to school if that is feasible - especially if both of the wider families are in the area you currently live in

However in the end the issue will be what the court believes is best for the child.

You can read the latest case law here

http://www.familylawweek.co.uk/site.aspx?i=ed153303

Please ask if you need further details

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you