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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Me and my partner of 9 years have recently split up. We have

Customer Question

Me and my partner of 9 years have recently split up. We have 3 children together aged 7, 5 and 3. She is starting university 100 miles away in September and has said all along she will commute to do the 15 hours a week she needs to be in uni. I found out last week she is now seeing a new man who she met on the internet in the city she is starting uni and plans to move there with my 3 children over the summer holidays and has already started looking for houses. She insists its for the benefit of the kids as she won't be so far away for those 15 hours a week. Despite the fact she will have no one around her to help with the children. Where as here there is me, all my family and very trusted friends that would be there for the kids at the drop of a hat. I along with her own parents have doubts as to wether they're being put first in every day to day life and we're concerned that the children will be greatly worse off if she makes the move. So my question is there anything I can do to stop her moving with them. The two older children are happy in a lovely little village school and the youngest is due to start in September with friends she has at the same village pre school. Thanks
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.

clairep80 :

Hi

clairep80 :

Thank you for your question

clairep80 :

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

clairep80 :

How is the care of the children shared between you at the moment?

JACUSTOMER-issz38ar- : We have no fixed agreement as to how much I have them. At very least, each week, I pick them up from school/pre school one day a week and have them one day and night at the weekend.
JACUSTOMER-issz38ar- : We were not married but all the children were born after 2004 and my name is on all the birth certificates.
JACUSTOMER-issz38ar- : I have told her I will pick the children up from school more when she starts university and can be flexible when I have them.
Expert:  Clare replied 4 years ago.
Hi
So in the average week you have the children only one night
Claire
Customer: replied 4 years ago.
The average week they would sleep at my house one night. They don't sleep at my house in the week as she thinks its not best for them being at school.
Expert:  Clare replied 4 years ago.
Hi
If need be would you be able to take over their full time care?
Claire
Customer: replied 4 years ago.
Yes, it wouldn't be the easiest thing to do but if it had to be done I could.
Expert:  Clare replied 4 years ago.
Hi
You are entitled to apply to the court for a Prohibited Steps Order to prevent her from changing the Children's Schools until the matter has been considered by the court.
This will enable you to have a full hearing to deal with whether or not this move is actually in the interests of the children or not.
The application is made on a Form C100 available here
http://www.thecustodyminefield.com/CourtForms/C100.pdf and the fee is £200.
However before doing this you should try and discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further information
Claire