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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband left the family home 5 weeks ago and we will not

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My husband left the family home 5 weeks ago and we will not be getting back together. I have 2 children, aged 7 & 4, and I have been their primary carer (stay at home mum until recently returning to work in January part time). However now we have separated I would like to move myself and children from Nirfolk to South Wales where my family live so I have the support to look after my children, take on more work hours so I can provide for them financially without relying on benefits, and provide a better standard of living. I'm looking to move ASAP as I can't afford to stay in current rented property. This would also involve changing children's schools which may be unsettling at first, but they would both be changing schools in September if staying in Norfolk - 7 year old moving to middle school, 4 year old into full time reception. My husband has initially agreed, and although access may be a little limited I have and will never stop him contacting them daily. I have also offered for him to have children in school holidays and bring them to see him for long weekends for bank holidays etc. Can he stop me moving??
Hi, thank you for your question. If the children were born when you were married or if his name is ***** ***** birth certificate he will have parental responsibility and has a right to be consulted regarding such a move. If he does not provide his consent for the move you will need to apply to court for a specific issue order under form C100 for the court to make a decision as to what is in the children's best interests. I appreciate that he may have initially agreed but you would need firm confirmation as if you did move without his consent he will be able to apply to court to have them returned to Norfolk. In considering such applications the court will take into account the following criteria:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 2 years ago.
Sorry I forgot to add that I have no family in Norfolk where I currently live so have no family support in looking after them. He is living with his parents, with whom I have always had a rocky relationship and they have very rarely helped with the children. He works long hours so doesn't see them during the week (I have offered this option) and only occasional weekends.
Thanks. That would put you in a good position should the father oppose the move, as the court will need to see that their life in Wales would be better than in Norfolk. You should also be prepared to put forward proposals for the children to continue to enjoy contact with the father as this will be a relevant factor.
Customer: replied 2 years ago.
Will I need to get formal written consent from him regarding the move? I have a text message from him saying "I do consent", getting anything else from him is nigh on impossible.Re contact, as I said before he calls/Facetimes the girls each evening (which I have and will never object to), have said he can look after them in school holidays and am willing to make weekend arrangements for contact as long as it doesn't disrupt school.
I think it would be best if you inform him that you are putting plans in place to move and how soon you would expect to move. It would be better to keep him involved instead of just moving without any notice - as this will hopefully prevent any conflict between you
Customer: replied 2 years ago.
He knows I have to move by the end of May as I can't afford to continue living in our rented property beyond this time. I have told him of my wish to move nearer family for the previous reasons and he accepts he left the family but one minute says he doesn't see why I'd like to move, then the next I have the text message saying he consents. Would the text message hold up in court as him consenting?
You can use the text message to support that he provided his agreement, but if it came down to it and changed his mind and wished to oppose the move he would still be entitled to pursue an application to court
Customer: replied 2 years ago.
Ok so without written consent I still run the risk of him taking things through court, dispite me not restricting contact
Yes - if he thinks it is not in their best interest he can apply to court to return them, but based on the information you have provided he will find it difficult to do so.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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Customer: replied 2 years ago.
I have found a house to rent near to family in Wales that is affordable and more than caters for the children's needs, have applied to the local school who are willing to accept the children from the beginning of the June half term, and am applying for jobs that will allow me to better provide for the children as will have parents nearby who can help me with childcare. All this hinges on me signing the tenancy agreement as I was sure he would be able to stop me moving.Thank you for the advice, I think I will be hard pressed to get written confirmation from him but know in the long run the children will be provided with a better life.