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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35088
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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With my husband leaving me, stuck in a town with no family,

Customer Question

With my husband leaving me, stuck in a town with no family, I want to relocate with my children closer to family.
I currently have a court order and shared care with my 8 year old.
I've asked dad who has said no and i can move but I'm not taking my daughter. Her dad lives in the same town as me currently.
I've asked my daughter if she wants to move and she is happy to do so.. the move would be nearly 200 miles away and dad notmally gets 13 nights out of 31.
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
I'm suggesting, every other weekend, meet half way on train (he doesn't drive) I'd pay for my daughters train fair.Is that to much traveling for her?
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the current actual pattern of contact?

Customer: replied 11 months ago.
Week one dad - Thursday night - 1 night
Week two dad - Wednesday-Monday 5 nights
Customer: replied 11 months ago.
She also lives with her two brothers (17&2) and sister age 4
Expert:  Clare replied 11 months ago.

That is a major shared care Order.

Are you willing to give up most of the school holidays with her to ensure a move?

Customer: replied 11 months ago.
As well as every other weekend? Or do you think that would be to much for an 8 year old to do travel wise?
Expert:  Clare replied 11 months ago.

How long will the train journey take?

Customer: replied 11 months ago.
Around 4 hours, id drive half way and meet him on the train, he doesn't drive.
Expert:  Clare replied 11 months ago.

So the journey in total takes four hours?

each way?

Customer: replied 11 months ago.
Expert:  Clare replied 11 months ago.

That is not something that would be possible for a child on alternate weekends.

In addition simply offering to pay her train fare would not be seen as reasonable by the court.

If you wish to make this move then you are going to have to be more realistic in your proposals when you apply to the court to vary the existing order.

Every half term plus half of all other holidays is a minimum - plus weekend contact when your ex is able to get up to visit.

You shoudl expect to bear the majority of the costs of travel both in time and money - and also offer regular Skype Contact.

At 8 your daughter is too young to fully understand the implications of such a move so her wishes whilst relevant will not be decisive.

You will need to try and discuss this with your ex using Family Mediation - if that fails then you will need to apply to the court using a C100 and paying the fee of £215.

I hope that this is of assistance - please ask if you need further details