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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 1435
Experience:  Senior Partner at Berkson Wallace
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This is a question about emergency prohibitative steps

Customer Question

This is a question about emergency prohibitative steps order.1. If my Ex verbally suggests she is or will move away with my child (who lives with her), but does not tell me where she is planning to move to, (and is likely to spring it on me once she has relocated) is that enough to file an emergency PSO? Or do I have to have a recording or written evidence that she is planning to move, and to a particular destination?2. If my Ex suddenly announces she HAS moved with my child, is it then too late to file an emergency PSO to review a request to have her relocate in a more reasonable distance to me, so I can maintain the same contact / relationship I had with my child prior?Thanks
Submitted: 19 days ago.
Category: Family Law
Expert:  JenniferP630 replied 19 days ago.

Do you know where she is planning to move to. By this i mean is it somewhere within the UK or abroad? Have you tried talking to her or mediation?

If the move is within the UK, you are only likely to get a PSO if you can show that she is trying to move your child for a reason not in their best interest. For instance, to stop the from seeing you and you may be able to back this up if she had tried preventing you from seeing them in the past. However, if your ex-partner can show that the moce would be in the child's best interest then it is more likely that the court would de ide in their favour.

I trust this answers your question. Please do not hesitate to come back to me if you have further queries.

Customer: replied 18 days ago.
Thanks for answering Jenny. Let me ask further if I may, to get clarification. At present, this is hypothetical but somewhat expected.I think that when I finally tell my estranged wife we need to divorce, or formally separate, she will quietly move somewhere several hours away or further, within the UK, with our only child. She'll do this quietly so that I don't have a chance to put in a PSO.1. If she does this, and I suddenly find out she's moved, and I file for a PSO, on the basis that my child suddenly has greatly diminished access to his loving father, and that apart from the child's mother, the child's only other family in the UK are me and (my parents). If necessary (though I'd prefer not to) I could go further and talk about past periods where she has withheld me from seeing child for the most ridiculous non-child related reasons (ie, spite). Her reason for moving away, would likely be that she wanted to live in a better area for our child, and she could only afford a better area up north, where properties are much cheaper to either rent/buy. (She currently lives in a 3 bedroom mid terrace house in a working class area but with good schools and amenities)2. If deemed an unreasonable move for her to have made, would she be ordered back?Thank you
Customer: replied 17 days ago.
bump ;)