How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33958
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Dear Madame/Sir I am Bernadett.I divorced from my husband

Resolved Question:

Dear Madame/Sir
I am Bernadett.I divorced from my husband 2 years before. We have a 9 year old child.
I have a Residence Order in my favour.
Also there is a Contact Order what regulates their meetings.
My son spends the weekends with his dad.
My mom lives with us and got disability because of her spine.
I take care of her but I had to reduce my working hours.My salary is much less now.
We cant afford any longer to pay rent in London so I dThecided to move to a cheaper place.
My ex is a businessman he can move anywhere if he wants.
I told him to move near us, because dont want to interrupt his contact.
But he refuses it telling he can only able to travel to his international trips ONLY from London.
He even doesnt want us to leave Barnet County telling the best schools in UK is here.
He doesnt understand we are in trouble.
I have some savings maybe I can buy a small property by taking mortgage
In the rural England.In London it is impossible and I dont want to stay forever
In rent.
My question: What chance do I have in front of the Court to fulfill my wish and move from London for a better future, better living conditions.I offered him to move if he want to be closer to his son.
I think refusing this offer on a ground of a stupid excuse is no longer my fault.
What do you think
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Exactly what contact does he have at the moment - when does it start and when does it finish and how is collection and return dealt with?
How far away do you wish to move?
Clare
Customer: replied 2 years ago.

Dear Claire,

From last year we have the Contact Order till his age of 16.

Now he is 9.

I was thinking near Manchester or Birmingham or Bournemouth.All of them has international airport.Also I consider Dover, Maidstone area as well.

One weekend is fro friday 6 pm to Sunday 6 pm, the other is short weekend friday 6pm to sunday 10 am.

Expert:  Clare replied 2 years ago.
Hi
Do you never have a weekend with your child?
Clare
Customer: replied 2 years ago.

No Claire, although I have residence order the Judge gave each weekend to Dad but no school holiday.

As I mentioned there is a long then a short weekend

Expert:  Clare replied 2 years ago.
Hi
By how much has your income reduced?
Clare
Customer: replied 2 years ago.

I work 12 hours only. With tax credits I have around 900 pounds plus my mom has around 600 pounds.Plus 200 child maintainance.So approx 1700 pounds also got savings around 25000 pounds in Hungary property value around 30000 pounds.So I would able to buy shared ownership or an own property with sOme mortgage.But not in London.

I work in Health and Social care.Anytime I get job anywhere

Expert:  Clare replied 2 years ago.
Hi
What alternative contact are you prepared to offer if you move?
Clare
Customer: replied 2 years ago.

Hi,

They can skype every day and would offer some school holidays.Also I offered to come closer to Manchester there are about 250 destination he can travel from there. Or if I get something closer like 50 or 70 miles I woild offer to continue to collect him.He is not a poor man but a business director.He should do it.

Expert:  Clare replied 2 years ago.
Hi
You will need either your ex's agreement or an Order from the Court to move since otherwise you cannot maintain the existing Order.
You will need to discuss this with your ex using Family mediation
www.familymediationhelpline.co.uk
If no agreement can be reached then you will need to apply to the court to vary the existing order.
You cannot base your arguments on an assumption that your ex can move as well.
Instead you will need to show how you will ensure that your ex has an equal amount of contact but in a different way - such as having the child every half term as well as half the other holidays; and even financing a Travelodge one a month so that he can come up for the weekend
You will also need to show how your son will benefit from the move as that is the crucial issue
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33958
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions