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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 2199
Experience:  LLB (Hons)
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Can my daughter's ex-partner prevent her from moving house

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Can my daughter's ex-partner prevent her from moving house with their 2 children from London (where he lives) to Somerset?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
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: I believe she will know the location of the court in SE London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The children are aged 3 and 2 years and live full time with their mother. Through mutual agreement the father sees his children on most Saturdays.

Hi, I'm Lea and I have reviewed your query.

Are there any court orders in place already?

How does the mum plan to maintain contact for the children with their father?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 6 months ago.
Hi Lea,
No court orders in place. Mum will make children available (as now) for visits by their father but cannot transport them as she has limited funds. Father's financial contribution to children' upbringing is minimal.

The only way that the father can stop the mother moving with the children is if he applies for a prohibited steps order. If he did apply to the court and said that her moving would prevent him seeing the children regularly because she does not plan to assist in transporting them, it is possible the court would prevent the move...however, this would depend on a huge variety of factors, such as whether she can afford to continue to live where she currently lives, whether she has a job that she is moving for, and so on (too many to list in an online forum).

His financial contribution is irrelevant to the court that would decide whether the children should move or not - contact with a parent and finances are not seen as connected in these circumstances.

But, absent the father making such an application, the mother can move any time she wishes. It will be much harder for the father to ask her to move back once she has moved than to prevent her from moving in the first place.

Does that assist?

Customer: replied 6 months ago.
Thank you Lea, most helpful and all I need to know at the moment. Most grateful

You're very welcome.

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Thank you.

All the best.