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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33300
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am planning on serving an urgent prohibitve steps order as

Customer Question

I am planning on serving an urgent prohibitve steps order as my ex wife is looking to relocate from Bristol to Essex ( 3 hours away) this Tuesday. She only told me this week that she was going this soon. My two daughters 4 and 7 have a vert strong support network here , lot of famly and are happy in school/clubs etc and have lived in the same house their whole life. Myex wife is moving to run a hotel with her new partner and will be closer to some of her family that is her reasons . I am not happy as I see my children 2-3 times a week I am not a part time Dad andI dont thinkit is right to move them away as visits will be once every two weeks now. They have to move to a new house ,a new school with very little family compared to what they have now, its all about the best interests of the children , I have visited a solictor this week and he advised me of mediation but itis too late now and he said my chance are unlikely . Since then a solictor on this site called Stuart J said I could have a good chance of making the order work . He is not available at themoment but feel I need to let him know my ex also has another daughter who is 15 and wants to make the move , I raiaed her since she was 2 but our relationship has broken down since her Mum and I spilt. I am concerned that although my order will be for my children the fact that my ex has the 3 children to consider and the eldest wants to go , sh ehas a business waiting for her, schools waiting ( she arranaged with out myconsent) all these things favout her. In my favour is they are settled here , have huge and supporting family , strong relationship with meand alltogethervery unsettling and massive change for them. Help and urgent advice please!
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
The starting point is to file the C100 first thing on Monday morning.
You will be asking for a Child Arrangement Order and a Prohibited Steps Order to prevent the move until the Court has decided whether or not the move will be in the best interest of the children.
You will also need to file a form C2 to ask for the time for Service to be abridged - and for the Prohibited Steps Order to be made Ex Parte (without telling your ex)
You should go to the court with everything in triplicate and a cheque for £215.
You need to explain to the Usher the emergency nature of the matter and they should arrange for the Court Office to issue the application (even if is technically closed)
You will then go in front of the court and will have to explain why you are making the application ex parte - and you do need to spend a little time writing out the bullet points of what you wish to say
Once the Prohibited Steps Order has been made then you will have to wait at court while the Order is typed up and then arrange for a Process server to serve it in your ex. It is not binding until it is served - so make sure you arrange the Process Server as soon as possible.
There will be an early first hearing date so that your ex has the chance to explain why she should be allowed to move immediately - but from what you have said that is not likely to be granted.
HOWEVER that doe snot mean that in the long term she will not be allowed to make the move provided she makes adequate arrangements for ongoing contact
However the fact that you have been having them three nights a week does strengthen your case
Please ask if you need further details
Clare

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