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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my daughter has lived with her partner for 12 years and have

Resolved Question:

my daughter has lived with her partner for 12 years and have two children . they live in the North East and the relationship appears to be broken beyond repair . Who will have the main custody and would there be any legal issues if she wanted to move with her children to her place of birth in the Midlands . She has no relations or emotional support in the North
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 are the children and how is their day to day care shared between them
Clare
Customer: replied 3 years ago.
6 & 2 both boys he works 7 days most weeks Own business . good father when available
Customer: replied 3 years ago.
hi Clare both boys aged 2 & 6
daughter in main as partner has own business and works days7 days most weeks Own
Expert:  Clare replied 3 years ago.
Hi
What is the financial position?
Clare
Customer: replied 3 years ago.
none the business is doing well plus my daughter currently works daworks 3 days per week although this money pays for child care and family food
Expert:  Clare replied 3 years ago.
Hi
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
not sure well in excess of £200,000 possibly £300,000 and probably still most outstanding as it is only about 4 years into its term ,but not sure where these questions are taking us. The original question was about custody of the children and in particular if my daughter wished to relocate to the Midlands as she has no relative in the North ?
Expert:  Clare replied 3 years ago.
Hi
The problem is that all these issues are linked.
Your daughter has undoubtedly been the main carer of the children and in the event of a dispute between the parents I would expect the Court to grant her a Residence Order stating that the children live with her
HOWEVER the law says that a child should have regular contact with both parents and a move to the Midlands could thwart this and her partner can apply for a Prohibited Steps Order to prevent this
Internal Relocation is becoming a controversial area and it is more difficult to predict the outcome than it used to be.
The fact that her family is here in the Midlands and her support system is here; coupled with the lack of financial capital does strengthen her case
However she needs to have a clear plan for how ongoing and generous contact, including overnight contact, will be managed.
Her (ex) partner may decide not to accept the offer - but the fact that she has thought it through will be an important aspect of the case
She should try and discuss this with him using Family mediation (www.familymediationhelpline.co.uk)
Please ask if you need further details
Clare
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