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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a father of two beautiful children (2 and 5) and have

Customer Question

I am a father of two beautiful children (2 and 5) and have been split from their mother for the past year, she is originally from London but we raised our children in my home town in the North West. We have struggled to communicate but always put their best interests at heart..for the record she is a wonderful mother, when we split she said she would never move them away from me as she knows how much they mean to me and how much they need me. I have just found out she wants to move back to London in a couple of months as she is missing the support of her family who up until we split didn't really feature in her life. I have the kids every weekend and alternate from Fridays and Saturdays to Fridays through to Sunday night. I take days off work to help out when they are sick and the usual holidays, I never miss any of their plays, awards, parents evenings but now it feels like I am losing everything! I support them and their mother by paying the full child maintenance as if I didn't have them plus I pay half of the two year olds nursery fees amongst other things. Is there anything I can do to stop them moving so far away? My ex mentioned seeing them every two weeks, the drive and disruption to have one day of quality time would not benefit them whatsoever! My eldest is doing extremely well at school and has a good network of friends..its been a hard year for them and I don't want anymore disruption for them.
Any help or advice is greatly appreciated.
Kind Regards
Andy
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
Aside from you what support system does your ex have in the area.
Please confirm that you are name don the Birth Certificates
Clare
Customer: replied 1 year ago.
Hi Clare,
Mainly friends, neighbours and my aunt, although still pretty raw I would see myself as part of that network. I am the named father on both certificates
Andy
Customer: replied 1 year ago.
Also, up until the split my aunt was like a mother to her.
Expert:  Clare replied 1 year ago.
Does she have a job ?
Customer: replied 1 year ago.
She works part time in a coffee shop, maybe 2 to 3 (16 hours)times a week. She has only worked since we split..she wanted to take extended maternity leave so she took an extra 12 months off and as she didn't like to claim benefits I supported her and the family, which I was more than happy to do.
Expert:  Clare replied 1 year ago.
Internal relocation is a rising problem in cases where there is considerable shared care of children.Your ex cannot simply take the children back to London - you and she need to discuss the matter and if no agreement can be reached then it will be for the cpurt to decide.The starting point is to arrange to discuss matters with her using Family Mediationwww.familymediationehlpline.co.ukIf that does not work then you will need to apply to the Court for a Prohibited Steps Order to stop her removing the children from their current schools (or nursery) untll the court has decided whether or not the move is in the best interests of the childrenThe outcome is not easy to predict - but the fact that there is no substantial reason for the move shoudl assist youYou can read more herehttp://www.jonesnickolds.co.uk/index.php/relocation-relocation-relocation/I hope that this is of assistance - please ask if you need further details

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