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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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How far away can my ex partner take our children aged 4 and

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How far away can my ex partner take our children aged 4 and 7 from their school and family home if we have a shared care agreement. Has she by law got to discuss this with me and come to a mutual arrangement suitable for the well being of our children. If she marries her new partner what rights does he have over my children?

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-Are you named on their birth certificate or were you married to the mother?

-Are there any court orders in place, if so what?

-What are the exact arrangements?

-From where to where does she seek to move?

Customer: replied 1 year ago.
I am in England. I am named on the birth certificates of both children. There are no court orders in place. We have agreed a shared care whereby we have the children alternate weekends and each has half the week. I have negotiated flexitime working so that I can take them to school on my days.
As I bought her out of the family home when she left with her new partner she now rents a house in Walthamstow London. I live a few metres from the childrens school in Tottenham London. She is most likely wanting to move out of London in order to by a cheap house. The implications for me and the children are immense. We would have to fight for custody, the children would have to adapt to a new school losing their friends and all the activities that they take part in with me.

If she wished to relocate within the UK she would need to consult you of this as you have parental responsibility. If her relocation would drastically impact your contact arrangements and require them to be enrolled into new schools then you would have grounds to apply to court for a prohibited steps order to stop her relocating, as well as a child arrangement order to have the current arrangements in an enforceable order - both these applications can be done on Form C100 and a £215 court fee.

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 your question without a positive rating. Thank you

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