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OK. Firstly, you would need to raise it prior to the hearing in your statement, to give him time to respond in his statement too.
If you don't put your arguments forward in writing and give him chance to respond it will delay the decision.
You need to set out a positive case for why the move would be in the best interests of your daughter.
As to the plan for contact, you need to have a serious think about realistic plans, which would involve perhaps week long contact at a few points during the year, but only if safe. Regular short amounts of contact won't work if you live abroad.
I hope this assists?
Can I clarify anything?
I appreciate this is difficult to say, but will the father be absolutely opposed to the relocation?
I ask this because if so, you may have to apply for leave to 'remove the child from the jurisdiction" of the UK.
This will also need to be considered by Cafcass if you don't want further delay.
I don't think 7 days before the hearing is long enough to give this issue the airtime it needs.
You may want to consider issuing a specific issue order application about the proposal to be heard alongside the substantive application - it would also need an addendum from Cafcass.
There is time to do this though - you can propose a timetable for an addendum Cafcass report and that you both address the issue in your statements to court. You can state the basis of the application in the first instance and provide the further evidence (plus supporting evidence) in the statement that is to be filed prior to the hearing.
It would be perhaps advisable to get on the front foot here, rather than springing it as a last minute application.
Yes I do believe the same Cafcass Officer will be involved in the process.
If you present a positive case for the move then this will, as you say, have to consider the issue of father's contact and how this can be managed appropriately.
I think it would be a good idea to give as much notice as possible, your case is not going to be harmed by this.
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See here for a really helpful resource which sets out all of the law in relation to this issue:
The SIO route is more straightforward, and as the final CA Order has not been made is an option available to you.
I hope this clarifies things.
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I imagine that the timetable will coincide with the current timetable and whilst a further full s7 will not be required a short addendum report may be required.
OK. There's no right or wrong answer to any of the above - the points that you raise are all subjective issues that will need to be considered as part of the overall picture.
As to the level of contact, this will have to be considered from a practical point of view, mainly.
Facetime will become more important with the long distance.
If you have a harassment protection order in place (something you may wish to consider) this would apply cross border and also to texts.
Schooling sounds positive.
Whether you have a job or not is your choice.
Costs and logistics are things that need to be considered and court ordered if not agreed, what is reasonable will depend on resources and time.
But these are all the issues that need considering and both sides of the table will need to put their views across.
1. All factors are considered but the primary factor is the best interests of the child.
2. The wording of paragraph 2 is essentially how you present the motivations - honestly and clearly.
3. I don't think the court will go beyond asking for verbal or written submission of affordability.
4. Lots of families have this issue - and this is why it is before the court. Obviously a move will impact on the relationship. But the impact itself is not enough to prevent the application succeeding.
5. This is something that will need careful consideration as her safety and welfare are paramount. It may be that you propose day time contact with you coming to the UK too and having her back in the evenings for the initial stages. Contact would normally progress to overnight/ holidays though, unless there are good reasons not to do this.
No problem at all.
From a procedural perspective - as you are in proceedings you file a C2:
You set out the reasons in brief for your application on the form.
If you then include draft directions as follows as an attached .doc file, it should cover it:
UPON The applicant mother having applied for a specific issue order on the issue of relocation to ***, the following directions shall apply:
1. This application is to be heard at the same time as the hearing for the CAO application on 17 January;
2. Cafcass are to be informed of the application and the author of the s7 report dated *** is directed to produce a short addendum report on this issue only by 4pm on *** [FYI only - date 21 days after the filing of your application]
3. Parties to address their position in response to this application and the addendum report filed by the author of the s7 report (Cafcass) in their statements of evidence due to be filed on ***;
4. No order as to costs.
Obviously the *** is for you to complete.
I hope this helps.