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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6013
Experience:  LLB (Hons)
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I am the main co parent of our 4 year old. I would like to

Customer Question

Hello, I am the main co parent of our 4 year old. I would like to relocate and move in with my fiancé from South Wales to the forest of Dean. Am I legally allowed to move with our son aslong as I continue to grant access and location?
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: I have not. There has been no legal terms in place beforehand. We were not married. I notified his father of my decision and he does not consent and would prefer our son to switch to his custody would I not like to happen as I have performed the day to day duties prior and do not want to give up my role as the main parent
JA: Have you talked to a lawyer about this yet?
Customer: I sought some advice that I could - but our move could prevented by a court order. His father has given limited time for me to make an appointment with a solicitor.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: This is new territory,I'm unsure what more information I can provide. Please advise
Submitted: 17 days ago.
Category: Family Law
Expert:  SASH_Law replied 17 days ago.

Hello, how are you today?

My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear in my next response. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response.

JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Expert:  SASH_Law replied 17 days ago.

What type of contact does the child have with his father currently?

How many miles is the new property from the current one, in terms of travelling distance?

Is the child currently in school?

Expert:  SASH_Law replied 17 days ago.

If the father objects to the move, then he has to apply to court for a prohibited steps order to prevent you taking the child.  He is more likely to be successful with this type of application if the move will affect the time the child spends with him.  For example, if he currently has the child on a shared basis, then the court granting the order is more likely.

You could also make an application to get the court's consent to move instead. You'd have to show that the move is in the child's best interests.

Of course, the law doesn't actually say you cannot move within the UK when and where you like.  So you could just move and wait to see what the father's next move is.  But do be aware that the court can order the child's residence to be transferred to the father in these circumstances.

Expert:  SASH_Law replied 16 days ago.

Can I clarify anything for you?

Expert:  SASH_Law replied 16 days ago.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading, or, once you have rated this question you will be able to add me as a favourite expert from your membership page. When you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law. 

All the best!