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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter is having extreme problems with her partner and

Customer Question

My daughter is having extreme problems with her partner and lives in Wigan Lancs. She wants to move down to Brighton, Sussex where all her side of the family live and bring up her son alone. She does not want to exclude her partner from seeing her son and full access will be given, however there is a distance of 4 to 5 hours. Is this OK within the law or is there problems?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and what contact does her ex have with the child at present.
What contact will she offer after the move?
Clare
Customer: replied 3 years ago.

He is six.


He does have constant contact with the child but does lead his own life which is leading to the break up of the relationship.


Full contact with the child will be offered.


My daughter feels that by moving down to the south that her family and friends will be able to give a better support network with taking and picking up from school after school activities, etc

Expert:  Clare replied 3 years ago.
Hi
The important question is what specific contact he has at the moment - could you outline that for me please
Clare
Customer: replied 3 years ago.

He has contact day to day, but his mother will take to school 4 days a week in the morning after my daughter has delivered the boy to their house. His mother also picks up 3 times a week and my daughter picks up from their house. My daughter works 4 days a week and the father 5 days a week.


The bone of contention is that my daughter takes the boy to all the outside school activities and week end activities, with the father doing things for himself, such as football cycling, gym, etc, which has obviously come between them. They are talking about splitting up, which I hope does not happen for the child's sake.


Additionally all contact with the school comes down to my daughter dealing with it.


If you need even more detail I will have to get that information from my daughter.

Expert:  Clare replied 3 years ago.
Hi
Sorry - at the moment they are still together is that correct?
How old is the child?
How will she facilitate the contact - deal with the cost of travel in terms of money and time?
Clare
Customer: replied 3 years ago.

Yes, but at point of break up.


He is six.


He is open to see him at any time pre-arranged. No thought has been given to costs and time. What would need to be put in place?


 

Expert:  Clare replied 3 years ago.
Hi
The move she is proposing is a major one - and her ex could apply for a Prohibited Steps Order to prevent the move until the Court has had a chance to decide whether or not the move is in the best interests of the child
To have the best chance of success your daughter will need to show not only what the benefits will be - but also how she will ensure than the contact with his father is maintained - including how the travel will be managed and funded - and she will have to expect to take a large share of the travelling to facilitate this
You can read more about this here
http://legalliberal.blogspot.co.uk/2012/05/internal-relocation-have-kids-will.html
I hope that this is of assistance - please ask if you need further details
Clare
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