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 Thomas Judge Your Own Question
Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33382
Experience:  Over twenty-five years experience
Type Your Family Law Question Here...
Thomas Judge is online now

My ex partner is moving 300miles away due to her new partner

Customer Question

Hi. My ex partner is moving 300miles away due to her new partner being offered a job there. She is taking my 3yr old son with her. My name is ***** ***** birth certificate and until now I have seen him every Wednesday overnight and every other weekend (Friday til Monday) since we split up 3rs ago. She has given me literally 6days notice of the move. Can she do this at such short notice? Also do I have legal rights to still see him an equal amount of time..and does she have a legal obligation to ensure regular contact is still achieved (i.e. driving half way to drop him off etc.). Any insight you can give would be greatly appreciated.
Many thanks
Oli Downing
Submitted: 2 years ago.
Category: Family Law
Expert:  Jo C. replied 2 years ago.
Do you have a contact order?
Customer: replied 2 years ago.
No. We have always just arranged it between ourselves
Expert:  Clare replied 2 years ago.
HiMy name is ***** ***** my colleague has asked me to look at this for youWhat contact has she proposed for after the move?
Expert:  Thomas Judge replied 2 years ago.
As you do not agree to the move you have to apply to as a matter of urgency apply to the court for a prohibitive steps order. I would do this before she goes to prevent the move. You can apply on a form C100. The court will have to determine that it is in the welfare of the children for such a move to be allowed. The arrangements for contact going forward (as set out above) would be a key consideration as you would imagine. Happy to discuss - please rate positive.
Expert:  Clare replied 2 years ago.
Hi OliThe key issue here is what contact your ex will be offering in place of the current contact - and how the travelling will be managed.It is not unreasonable for her to wish to move - the lack of Notice IS unreasonable.Of course her proposals for contact may also be unreasonable, they are certainly not likely to involve alternate weekends in your home and a 600 mile journey alternate weeks is not likely to be good for such a small child.One weekend a month in your home and one in her home area would not be unreasonable - plus up to half of all school holidays and midweek Skype contactsYou can indeed apply for a prohibited Steps Order on an emergency basis - and I would certainly suggest you do so unless the Contact on offer is very generousThe court could refuse to countenance the move at all due to the extent of the shared care - but do not rely on that.the form you need is here you are asking for an Urgent hearing.You can read more here
Expert:  Thomas Judge replied 2 years ago.
Hi Ollie, I see that my colleague has agreed with the advice which I have given. Have you made the application yet?