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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4924
Experience:  LLB (Hons)
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I want to know if I want to move away with the kids after

Customer Question

Hi ! I want to know if I want to move away with the kids after divorce with my husband and he says no can I still move?
JA: What steps has he taken? Has he filed any papers in family court?
Customer: Not yet
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: We both live in kent I want to relocate to scotland in a year or 2
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my husband was violent towards me this is the reason for divorce
Submitted: 16 days ago.
Category: Family Law
Expert:  SASH_Law replied 16 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

Where do you want to move to - within the UK or abroad? If in the UK, how far in miles from the father?

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Customer: replied 16 days ago.
within Uk to Edinburgh Scotland
Customer: replied 16 days ago.
About 400miles
Expert:  SASH_Law replied 16 days ago.

You don't need his permission to relocate within the UK, however, if he objects he can make an application to court for a prohibited steps order to stop the children from going with you, and if you take them before he applies to court, you can be ordered to return them.

The better way around this would be for you to apply for a specific issues order to relocate the children to Scotland. You do so on form C100, cost is £215 - unless you are on a low income/benefits, in which case you may be eligible for fee remission.

Customer: replied 16 days ago.
Im going to apply for prohibited steps for him as im scared he can try and take kids abroad. He was violent so i have the right to run away from him Ive been advised this by MaRic. He wants divorce so when it comes to child arrangements order do I need to stay here or can i relocate during the divorce?
Customer: replied 16 days ago.
Im worried that if I go through divorce here in Kent I won’t be able to move because court will set dates for him to see the kids here
Expert:  SASH_Law replied 16 days ago.

You can attempt to relocate when you feel like it. As I said, if he wants to stop the children going, he can take court action.

Whilst you have the right not to have to see him, the children have the right to continue a relationhip if it is safe to do so. If you cannot agree the child arrangements between you now, or with the help of a mediator (unlikely to be suitable if you have been abused), then you'll have to go to court for an order. Going to court for a PSO or an SIO will open the court up to making child arrangements anyway, so you cannot avoid that.

Customer: replied 16 days ago.
Thank you. In this case if I didn’t move now and court would arranged for him to see the kids here and I would have prohibited steps order in place can I still move without court ordering to return the kids?
Customer: replied 16 days ago.
Do you think that moving away now and not waiting for divorce would be the best course of action? So then child arrangments can be done based on my new location
Expert:  SASH_Law replied 16 days ago.

I can't say that the court would not order you to return the kids - I advised on what you should do in order to relocate without problems.

What you choose to do will be entirely up to you. Unless the father gets a PSO there is nothing stopping you from relocating. But there is also nothing stopping him from getting an order after you move and you being ordered to bring the children back.

It would be nice if I could tell you that the court wouldn't order the kids back, but I simply cannot say that when there is a chance that could happen.

Customer: replied 16 days ago.
Thank you. Can he still apply for PSO and get it when he was violent to me and I had to flee and got help from domestic abuse and police? I was told child arrangements would be done when I’m there.
Expert:  SASH_Law replied 16 days ago.

Yes, he can still apply. It will be up to the court to decide, based on all the information, what they will order.

Customer: replied 16 days ago.
Thank you for your help
Expert:  SASH_Law replied 16 days ago.

You're welcome.

I hope things turn out well for you.