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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2552
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex and I split 3 years ago we went to court and agreed

Resolved Question:

Hi my ex and I split 3 years ago we went to court and agreed joint care over our children but a month after court my ex stopped contact for a few months for no reason the started contact again but not the day times court had agreed it was just whenever he would appear at my home they would go for a night or maybe 2 there was never any structure to it he has been on and off with them recently he has started to have them on a Saturday night although that's not always definate a few weeks ago he just didn't turn up no phone call or message to explain just turned up a week later telling the children he was busy last week,we have 4 children my eldest is 12 he doesn't see my ex partner at all he just will not spend any time with him he hasn't for last year and a half my ex partner doesn't help financially at all or isn't involved in the children's schooling even though I tried a few times to involve him ie.inviting him to school concerts etc but he doesn't ever go,I have been with my new partner 2 1/2 years we have a child together and would like to move to Ireland where he's from with all the children what would the chances be of the court agreeing to the move if I went back to court?? Thank you
Submitted: 7 months ago.
Category: Family Law
Expert:  Harris replied 7 months ago.

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

-When was the order made?

-Is the father named on their birth certificates?

-Can you attach the order using the paperclip icon?

Customer: replied 7 months ago.
The order was made February 2015 and yes he is on the birth certificates
Customer: replied 7 months ago.
I don't have a copy of the order to hand I'm afraid
Expert:  Harris replied 7 months ago.

Thanks for confirming. Firstly if the previous court order is no longer being followed you need to apply to court to vary the terms to reflect the current situation.

In relation to the move to Ireland, as he has parental responsibility by being named on the birth certificate his consent must be obtained for such a move, and if his consent is not provided you need to apply to court for a specific issue order and the court will make a decision that is in the interests of the children having taken into account the full facts and proposals.

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 variation of the child arrangement order and for a specific issue order and the court can make a decision regarding the matter. Both orders can be applied for on the same form and under one court fee. 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

I hope this assists you. 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 your question without a positive rating. Thank you,

Expert:  Harris replied 7 months 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.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2552
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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