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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 3503
Experience:  LLB (Hons)
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Me and my partner are going through a divorce and she has

Customer Question

Hi there, me and my partner are going through a divorce and she has since met another man who is living with her. The house is still in both of our names. She is now taken the proceedings to move further away with my children but we have 50/50 custody. She doesn’t drive so she has proceeded to apply for a new school for our daughter without consulting me. I just wanted to know where I stand as my daughter has been moved through 3 schools because of my ex and now this will be her 4th and I don’t think this is in my daughters best interests. I have my children on Tuesday, Wednesday and alternate long weekends (Friday through to Monday mornings) my ex is wanting to move an hour away so obviously with school and work commitments this will no longer be suitable therefore reducing my contact with my children considerably which I believe will have a detrimental effect on my ability to build relationships with my children.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: The first stages of the divorce have gone through, we haven’t taken anything through the family court yet as we wanted to remain amicable but it’s clear that this isn’t working
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: We live in Essex
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My ex has bipolar and has been instructed to take medication however she hasn’t been doing this and I also believe that’s impacting on her decision making as well as her rational thought process
Submitted: 20 days ago.
Category: Family Law
Expert:  SASH_Law replied 20 days ago.

Hi, I'm Lea

I am sorry to hear of your dilemma. Is there a court order deermining the 50/50 shared care you currently have or is it by agreement between you and the mother?

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Customer: replied 20 days ago.
Hi lea
This is an agreement we have set up together
Expert:  SASH_Law replied 20 days ago.

If you are concerned that she is going to move the children's school again and move house, then I would strongly suggest that you make an urgent application for a prohibited steps order to prevent her doing either of those two things (i.e. changing the school or taking the children to live somewhere else).

On the same application form, C100, you should also apply for a child arrangements order to have your agreement about the shared care put into a court order. This part of the application will not be heard on an urgent basis, but will be listed for hearing when both parties will be able to attend and when CAFCASS have been able to speak to both of you to find out what the issues are.

The prohibited steps order part of the application should be heard ex parte (without her being there) and on an urgent basis in order to get the order in place before she ups and moves or changes the school again.

Form C100 costs £215 to file in court.