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Clare, Solicitor
Category: Law
Satisfied Customers: 35044
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Dear Madame/Sir I am Bernadett.I divorced from my husband

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Dear Madame/Sir
I am Bernadett.I divorced from my husband 2 years before. We have a 9 year old child.
I have a Residence Order in my favour.
Also there is a Contact Order what regulates their meetings.
My son spends the weekends with his dad.
My mom lives with us and got disability because of her spine.
I take care of her but I had to reduce my working hours.My salary is much less now.
We cant afford any longer to pay rent in London so I dThecided to move to a cheaper place.
My ex is a businessman he can move anywhere if he wants.
I told him to move near us, because dont want to interrupt his contact.
But he refuses it telling he can only able to travel to his international trips ONLY from London.
He even doesnt want us to leave Barnet County telling the best schools in UK is here.
He doesnt understand we are in trouble.
I have some savings maybe I can buy a small property by taking mortgage
In the rural England.In London it is impossible and I dont want to stay forever
In rent.
My question: What chance do I have in front of the Court to fulfill my wish and move from London for a better future, better living conditions.I offered him to move if he want to be closer to his son.
I think refusing this offer on a ground of a stupid excuse is no longer my fault.
What do you think
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Exactly what contact does he have at the moment - when does it start and when does it finish and how is collection and return dealt with?
How far away do you wish to move?
Customer: replied 3 years ago.

Dear Claire,

From last year we have the Contact Order till his age of 16.

Now he is 9.

I was thinking near Manchester or Birmingham or Bournemouth.All of them has international airport.Also I consider Dover, Maidstone area as well.

One weekend is fro friday 6 pm to Sunday 6 pm, the other is short weekend friday 6pm to sunday 10 am.

Do you never have a weekend with your child?
Customer: replied 3 years ago.

No Claire, although I have residence order the Judge gave each weekend to Dad but no school holiday.

As I mentioned there is a long then a short weekend

By how much has your income reduced?
Customer: replied 3 years ago.

I work 12 hours only. With tax credits I have around 900 pounds plus my mom has around 600 pounds.Plus 200 child maintainance.So approx 1700 pounds also got savings around 25000 pounds in Hungary property value around 30000 pounds.So I would able to buy shared ownership or an own property with sOme mortgage.But not in London.

I work in Health and Social care.Anytime I get job anywhere

What alternative contact are you prepared to offer if you move?
Customer: replied 3 years ago.


They can skype every day and would offer some school holidays.Also I offered to come closer to Manchester there are about 250 destination he can travel from there. Or if I get something closer like 50 or 70 miles I woild offer to continue to collect him.He is not a poor man but a business director.He should do it.

You will need either your ex's agreement or an Order from the Court to move since otherwise you cannot maintain the existing Order.
You will need to discuss this with your ex using Family mediation
If no agreement can be reached then you will need to apply to the court to vary the existing order.
You cannot base your arguments on an assumption that your ex can move as well.
Instead you will need to show how you will ensure that your ex has an equal amount of contact but in a different way - such as having the child every half term as well as half the other holidays; and even financing a Travelodge one a month so that he can come up for the weekend
You will also need to show how your son will benefit from the move as that is the crucial issue
I hope that this is of assistance - please ask if you need further details
Clare and 2 other Law Specialists are ready to help you