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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35065
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 daughter wants to move with my grandson from Brighton back

Customer Question

My daughter wants to move with my grandson from Brighton back to her home town of Lowestoft (a journey of 3 hours if the M25 is behaving). My grandson has just very recently been diagnosed as having an autistic spectrum disorder. He sees his father who lives in Worthing (approx. 20 minutes) from Portslade every other weekend. My daughter has thought about this move time thinking it will be in my grandson's best interests to move back to Lowestoft where he has two sets of grandparents (myself and my second husband) and (my daughter's father and his second wife), there are also step relatives including many step cousins of his own age. His father's family all live in Scotland and both his paternal grandparents have died. He last saw his father's family over two years ago. He is threatening to take out a prohibited steps order to stop them moving. My daughter has arranged housing in a good area, very close to a primary school and a good high school. My grandson is in year 3 at a primary school in Portslade where his years in year 1 and 2 were miserable as he was bullied. Year 3 seems to be better and he does have a sympathetic teacher who seems to like him. The paediatrician says his problems are in a social context and steps can be put in place to help him with these as he is bright and aware of the problems he has. Can my daughter take out an order asking permission of the court to move against the child's father's wishes. There is no question of the father not having access, my daughter has clearly stated that she intends it to stay at every other weekend and half the school holidays, although my grandson has told his mum that he would prefer to only stay with his father days and his father has said in the past that he can only cope with him days.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How will your daughter manage the travel?
Has she spoken to Paediatrician about the move?
Customer: replied 3 years ago.

She has offered to share the travel with the father, but I do not know if she has spoken to the Paediatrician, but he has been miserable at school with being bullied.

Expert:  Clare replied 3 years ago.

Would she be willing to facilitate all the travelling if need be
Customer: replied 3 years ago.
I think she would prefer to share it equally with the father.
Expert:  Clare replied 3 years ago.

The father of the child can indeed apply Prohibited Steps Order to prevent the move from taking place until the court has decided whether or not the move is in the best interests of the child
From all that you have said your daughter has very good reasons to make the move, but it would help if she could show that she has discussed it with the Paediatrician as well.
The big question is will he actually make the application or is it just talk
Rather than saving him the effort by applying her self your daughter should instead arrange to discuss the matter with him using Family mediation
Even if he does not attend she should go to her first meeting.
She should also put her proposals in writing.
I understand why she wishes to share the travelling but since she is the one moving she should be a little more generous that than that - maybe a handover point which is two hours and only one or something similar.
Then she should continue with her plans.
If he then does make a last minute application he is immediately in a weaker position because she has acted properly and he has not - and things like that can count
Please ask if you need further details