A Contact Order was put in place for 2012 which permitted father to have staying contact one weekend a month and approximately half of school holidays.
For 2013, father and I have continued pretty much on the same basis. Outside of this arrangement, father endeavors to pick our daughter up from school one night per week, sometimes that night changes depending on his commitments and what our daughter is doing after school.
Father has a rented property in Weston-super-Mare although as he works in Aberystwyth, he stays at his fiancees house nearby his workplace.
Manchester - as my partner lives there; I enjoy the area; great school in the village; more work opportunities (prospects, pay etc). If Devon, my family live in Devon although work opportunities etc not so good. I believe that if I move, it would be Manchester.
I have taken a look at travelling and how this would impact contact. Whilst the one evening per week (4 hours contact) would have to be forfeited, the distance from where I plan to live in Manchester to father's fiancee's house in Aberystwyth takes a travelling time of 3 hours (144 miles) and I would be prepared to travel half way to facilitate a handover/pickup; when he travels from his rented place in Weston-s-Mare he travels 2hrs 20 mins (124 miles); from his fiancees to my current home address it takes 1.25hrs (43 miles one way).
Please let me know if I can give any more information to help.
I would propose that our daughter could stay with him during the shorter half term holidays - they are usually 1 week long (Whitsun;October;mid-February) in addition to the Contact Order agreement of half of summer, half of Easter, half of Christmas break.
In practice, already this year, he has had our daughter for the full week during Feb and Whitsun already.
This could also incorporate the weekend contact being over a bank holiday weekend to give that extra day, when these dates fall.
She is mixed at the moment, only because she likes her school and her friends and doesn't want to be the 'new girl' at a new school.
She has said she doesn't want to live with her father.
In November 2012 I was sexually assaulted by my ex-partner, my daughter was in the house at the time and had to call to a neighbour for help. She witnessed a few seconds of the assault.
My ex-partner has been sentenced to 2 years (of which he would have served half in Nov/Dec this year and likely to be released on license); a 10 year restraining order is in place. My daughter is aware of this and has said she would like to move before he is released later this year.
I desperately want a new start for my daughter and I, outside of Wales.
So what process do I need to follow to facilitate my move - is it literally just an application to vary contact?
I thought that I had to follow some sort of internal relocation procedure and that father could elect to proceed with a prohibited steps order or apply for residence himself (he is saying he would have to move to the catchment area that our daughter is educated in)?
I have been reading Payne v Payne and it seems as though the applications these days (as long as child is willing) are pretty straightforward - am I wrong? I am anticipating a bumpy ride from father and really need to be clear on what I need to do to progress my plans to move and what the possible and/or potential outcome could be.
Chicken and egg question: until I resolve if I can move with my daughter, it doesn't feel as though I should be applying for jobs, also I have to give 3 months notice with my own employment and I couldn't resign until I knew I was able to move.
How do I tackle the job aspect if I intend to move without being in employment first? Is a dim view taken on this approach? It just seems rather chicken and egg to be applying and taking up a job before knowing I can actually move with my daughter. Can father really stop me?