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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35049
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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my ex partner has agreed that our son lives with me once he

Customer Question

my ex partner has agreed that our son lives with me once he start s school (he is 3). I currently live 10 minutes away, but in order to keep my job I need to live closer to work which is located 1 hour away but my ex will not allow me to move can he prevent me from moving?


please note that we want to move to England


I have been in a stable relationship for over a year and my partner also has to travel over an hour to get to work.  he also assists with child care.


We want to move to not only to keep my job but to have a better quality of life and spend more time with my son.


My ex is not prepared to change his job and is not prepared to move.  He is only unhappy as he claims he won't be able to see his son at school events e.g. football matches.  please note that he travels the country and would probably be within 10 minutes of my new home at least once a week.


Since splitting 22 months ago, we have shared the responsibility of childcare and our son has split his time between the two houses.


I positively encourage his involvement but there have been numerous occasions when I change my work/personal arrangements to fit in around him for both work and personal reasons.  I have only ever refused once. 


He has his parents for support and they would assist me is required, but I have never had the occasion to require their help.


My work is flexible when my son has been ill and I can work from home if the requirement was there.  My partner is fully supportive and living near work means he spends less time at the child minder and more time in his own home with a parent.

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.
How is the child's time shared between you at the moment and what contact will his father have when the child starts school?
Customer: replied 3 years ago.

I currently have Sam from Wednesday tea time until Saturday tea time, we do alternate Saturday nights and then his Dad has him from Sunday through to Wednesday morning


There have been a few changes and I have had extra Saturday nights and week days when his Dad has worked, gone out or been away on holiday ...all documented.


When he starts school it was proposed that his Dad would have access every other weekend and if around might take him for tea during the week. With his Dad travelling so much I don't this this arrangement needs to change just because we live slightly further away.


We ring his dad now and have Skyped and I have suggested additional Skype time


Hope this helps

Expert:  Clare replied 3 years ago.
If he does not agree with your plans it is up to your ex to apply to the court for a Prohibited Steps Order preventing you from removing the child
Since it will not effect the contact that your ex will have with his son it is highly unlikely that the court will see this as reasonable and accordingly I would expect any such application by him to fail
You should however offer to discuss matters with him using Family mediation (
I hope that this is of assistance - please ask if you need further details