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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In the case of a breakup , involving children, can I stop the

Customer Question

In the case of a breakup , involving children, can I stop the mother from moving away to a location 200 miles away, if we are to share custody of the them
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
I shall do my best to assist you but I need some further information first.
How old are the children and who has been their main carer until now.
Why would your ex wish to move?
Claire
Customer: replied 4 years ago.


Hi Clair


 


The Children are 4 and 9 yrs. The 4 year old is our child jointly, and the 9 year old is my ex partners from a previous marriage. We are not married, and I am more looking at my circumstance with my son. Emma has been the main carer, as I am at work in the day, but I spend a lot of time with Oscar when I am home, and get him dressed for bed and put him to bed , get him up in the mornings, get his breakfast etc, so not sure what is classed as main carer. My ex partner has met someone from London, and I know she is keen to go back. We currently live in Somerset

Customer: replied 4 years ago.


Hi


 


Did you get my reply?


 


Kind Regards


 


Tony

Expert:  Clare replied 4 years ago.
Hi
My apologies for the delay.
Would your ex be going back to live near family?
Claire
Customer: replied 4 years ago.


hi,


 


No, She is an Australian, her mother has also moved over and lives in this area, but is only renting and therefore could move, most of his blood relatives live in this area. She would be moving back , just for the city life rather than any interest of the children

Expert:  Clare replied 4 years ago.
Hi
Although technically either of you can take the child anywhere in England and Wales it is possible for you to apply to the Courts for a Prohibited Steps Order to prevent her changing the child's school until the matter of where she will live has been properly discussed.
You can also apply for a shared residence order to protect the time that you spend with the child.
Given that there is no real benefit in the move - she has no job to go to is not in along term relationship with someone whose job has moved and has no family ties in the city it is unlikely that a court woudl view the disruption to the child as necessary.
The recent case law is explored here
http://www.parissmith.co.uk/wp-content/uploads/1337/18/family-law-jan-2011.pdf
I hope that this is of assistance - please ask if you need further information
Claire