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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 partner recently obtained a court order to firm up

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My partner recently obtained a court order to firm up contact with his children. His ex partner has now announced that she will be moving to Leeds and taking the children with her. There are no family or friends in Leeds. The children are 11 and 7 yrs old. The 11 year old is autistic and has additional learning needs so the move will be very unsettling for him. We would like the children to come and live with us. What approach should we take? We intend to return to court as Mum has to apply to court to move to Leeds. I believe that as my partner has joint PR he is able to disagree with the change of schools for the children? Should we go for joint custody but with Mum getting visiting rights or would we be better going for full custody? Thank you. Kathryn
Hi, thank you for your question. Just a bit more information required to fully assist you:-Where is the father residing now?-When was the court order made, and what are the terms?
Customer: replied 1 year ago.
Court order was made on 18th March. Terms : Dad will continue to see the children on his days off (on a 4 week rota due to his shift patterns). Dad will see them for 1st 2 weeks of the Summer holidays, 1st week of Easter holidays and for at least 4 hours on Christmas Day.
Dad resides in Neath, South Wales
Customer: replied 1 year ago.
Thanks for the confirmation. Given the situation it would be in his interest to pursue an immediate application for a prohibited steps order to prevent her leaving the area and a simultaneous application for a child arrangement order for the children to live with him. Given the distance between Neath and Leeds, a shared residence order would not be appropriate and he can seek for her to have contact on a regular basis instead - this will also provide the children security. As there is both a court order and he has parental responsibility, she needs to consult him regarding this big change for the children.The father will need to demonstrate how it is in his children's best interests for them to remain where they are and that he is capable of providing full-time care for them.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
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