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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34897
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 a question related to Custody in divorce

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HI I have a question related to Custody for children in divorce ( aged 3 and 5), the initial verbal agreement was 50/50 split however now she is threatening to move away with the children if i dont accept her unreasonable equity split in the house we currently live in. What evidence would i need to keep the children with me (assume primary carer), I have diaries of when i have looked after them and some friends may be able give input. are there independent assessors, etc?
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.When did you separate?How is their time actually shared between you?
Customer: replied 2 years ago.
We separated 18 months ago but we are still living under the same roof, albeit with a rotation around weekends and spending time in other places. Weekends are rotated evenly and school runs/ evening care are shared fairly evenly. The atmosphere between us is tense now due to financial wrangling and the time will soon come when one of us will have to move out but we cant agree on equity split, hence the threat the move away with the kids if i don't accede to her latest financial settlement
Where is she threatening to move to?How far away?
Customer: replied 2 years ago.
Sussex (*****from where we currently live in london)
Does she have family there?
Customer: replied 2 years ago.
no she has friends there, but no family. Her work is her in london as well, so the move doesnt make a lot of sense
Neither parent is entitled to make decisions about where the children should live without consulting the other parent.If no compromise can be reached then an applictaion will have to be made so that the Judge can decide where the children should live and with whomGiven the shared care arrangement and the lack of any real reason for the move if you apply for a Prohibited Steps order to prevent her from removing the children from their current schools you would be likely to be successfulI hope that this is of assistance - please ask if you need further detailsClare
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