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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have divorced my ex-wife two years ago. There is no residency

Customer Question

I have divorced my ex-wife two years ago. There is no residency order in place. There is a court order in place for contact with children aged 9 and 4. Currently I live on the same street as my ex but she has just sold the family home and I'm worried how this will affect the drop off/ pick up. Current arrangements are that during term time I pick up Friday from school/nursery and drop off Monday in school/nursery every other weekend and once a month. During holidays I pick them up from the family home. If this changes and she moves some distance away will she be responsible for pick up and drop offs during holiday periods. What rights do I have? Also, I currently pay CSA and my costs will go up if she moves away (petrol etc), and will take me longer to get there, so also shorter contact time as would be in the car longer to drop off.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
has she said where she is moving to?
Customer: replied 3 years ago.

Hello. No she has not, she hasn't even informed me that this is the case. I found out by chance that she sold the family home. Her family lives 2.5 hours away.

Expert:  Clare replied 3 years ago.
Are you able to speak to her at all?
Customer: replied 3 years ago.

No, there is no communication. Any communication about the children is via a comunications book which comes with the children, or via email if it's to do with contact dates. She makes it as difficult as possible.

Expert:  Clare replied 3 years ago.
As a starting point contact a local Family mediation and arrange an appointment.
At the same time write to your ex a formal short and polite letter saying that you are aware of the move and have arranged for mediation so that you can discuss and changes which need to be made to the arrangements.
Say that if she does not either agree to mediation - or confirm that she is only moving locally so that no alternative arrangements need to be made and reply within fourteen days then you will have to make an application to the court for a prohibited steps order
If she does move any distance away then she will indeed have to take responsibility for the majority of the extra travel involved.
If she is aiming to move far away then you may in fact be able to stop it on the basis that it will disrupt their contact with you
I hope that this is of assistance - please ask if you need further details