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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24639
Experience:  Senior Partner at Berkson Wallace
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Where are you? It matters because laws vary by location.

Customer Question

Hi my name is*****: Where are you? It matters because laws vary by location.
Customer: Da14sr crayford
JA: What steps have you taken so far?
Customer: no steps just need advice over my rights as a father
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: thie is a family matter thing
Submitted: 18 days ago.
Category: Law
Customer: replied 18 days ago.
Hello
Expert:  Stuart J replied 18 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Can you please tell me what has happened and why you are asking about your rights - thanks

Customer: replied 18 days ago.
My wife is leaving and she said she will take our child with her . But where she moves is in a different location and that will implicate to move school gp and other things wich our son is used at home. What are my rights to stop all this
Customer: replied 18 days ago.
Forgot to mention we are legaly married
Expert:  Stuart J replied 18 days ago.

You need a Child arrangement order.  The specific order you need is a Prohibited Steps Order to stop this.

Fortunately, there is a lot of information on the Internet about Child Arrangement orders and the government have actually produced a guide on the subject which is here.

https://www.gov.uk/looking-after-children-divorce

The different types of Child Arrangement order are:

1              A Contact Order which specifies when parent sees a child, it is no longer called "access".

2              A Residence Order to determine who the child lives with, it is no longer called "custody"

3              A Prohibited Steps Order to prevent a parent doing something with the child such as moving away either in this country miles away or taking the child to another country.  Particularly relevant if there is a chance that the parent would go to another country and never return.  The parent wishing to prevent the move would have to convince the court why it’s not in the best interest of the child to move.  Friends, support, school et cetera et cetera all taken into account.

A Prohibited Steps Order is to prevent child Abduction and it’s one of the few areas of law for which legal aid is sometimes still available.  It’s often therefore worth seeing a solicitor.

4              A Specific Issue Order to allow a parent to do something specific with the child such as moving away to another part of the country or indeed to another country.  .  The parent wishing to move would have to prove why it’s not in the best interest of the child to move..  Friends, support, school et cetera et cetera all taken into account.  It would also encompass things such as changing school if the parents cannot agree, changing the child's name, and anything other specific.

The courts will not get involved in a Contact or Residence order unless the couple have been to mediation first.  So the couple would have to try mediation even if it subsequently fails and the matter proceeds to court.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards