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Ex threatening to move away

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Sebariath
(@sebariath)
Active Member Registered

Hi All,

I share 50% joint custody with my ex for my 7yr old daughter. She has recently threatened that she won't hesitate to move far away with her.

Is there any court order I can obtain that will prevent this?

Or any other steps I can take to prevent this?

Any help/advise is appreciated. Thanks for reading.

Quote
Topic starter Posted : 06/09/2022 6:56 am
HarveyBDAC
(@harveybdac)
Eminent Member Registered

Does the child live in England/Wales? 

 

Are any court orders in place currently? 

ReplyQuote
Posted : 06/09/2022 9:25 am
Bill337
(@bill337)
Famed Member

Hi,

Yes there is a route to take. It's known as a PSO - prohibited steps order. And you can ask court to make an order to prevent her from relocating with kids. But decision lies with judge. If your in England/wales then you could apply for one. You would use a form c100 to apply for it: 

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

Far as am aware, you would need to attempt mediation first, before submitting the c100. If there's a non molestation order in place or allegations about domestic abuse, then you can skip mediation. 

If you think its needed then would suggest you make application before she suddenly moves away.

 

ReplyQuote
Posted : 06/09/2022 10:22 am
Sebariath and Sebariath reacted
Sebariath
(@sebariath)
Active Member Registered

@harveybdac 

 

Hello

I am in England and I do have court order for a shared custody agreement.

ReplyQuote
Topic starter Posted : 06/09/2022 2:15 pm
Sebariath
(@sebariath)
Active Member Registered

@bill337 

Thank you

ReplyQuote
Topic starter Posted : 06/09/2022 2:16 pm
HarveyBDAC
(@harveybdac)
Eminent Member Registered

@sebariath As you have been told a PSO would be the application, but you shouldn't file one based on just a verbal threat from Mum. 

Do you speak to the School regularly ? - checking in with them and mentioning a change of educational setting has been mentioned by mum , do they know anything about this ?  Respectfully ask that they inform you if they do get asked about changing Schools , if they confirm they do at any point and send you communication about this , you will armed with concrete evidence that an Urgent hearing is required for a PSO application. 

Note , PSO's preventing parents moving are rarely seen as a long term solution as they are considered quite restrictive on a parents ability to live a free life.

ReplyQuote
Posted : 06/09/2022 3:37 pm
Bill337 and Bill337 reacted
Bill337
(@bill337)
Famed Member

@harveybdac good point. I have been in touch with a few dads lately. they made PSO applications to stop their ex relocating with kids. the courts did not seem bothered and allowed the move. here is a case from scotland:

https://www.scottishlegal.com/articles/sheriff-appeal-court-refuses-challenge-to-order-allowing-mother-of-6-year-old-with-chronic-illness-to-relocate-to-dublin

ReplyQuote
Posted : 06/09/2022 10:00 pm
HarveyBDAC
(@harveybdac)
Eminent Member Registered

@bill337 Do you yourself have decent knowledge of the Scottish family courts and proceedings ?  I am only familiar with English/Welsh , I am a member of a UK online group that supports both Dads and Mums going through the nightmare that is Family Court,  as a community (not me personally) we know everything about the processes in E/W (including cases requiring High Court rulings)  but we struggle with advising Scottish members because its so different up there.  

ReplyQuote
Posted : 07/09/2022 8:32 am
Parrot Carrots
(@parrot-carrots)
Active Member Registered
Posted by: @sebariath

Hi All,

I share 50% joint custody with my ex for my 7yr old daughter. She has recently threatened that she won't hesitate to move far away with her.

Is there any court order I can obtain that will prevent this?

Or any other steps I can take to prevent this?

Any help/advise is appreciated. Thanks for reading.

I think there are probably many questions that need answering for this as sebariath must be worried. 

If it's a CAO 50/50 shared care and lives with both parents then I am sure you will be worried about lots of things. 

Say she moves 70miles away.. how do you carry on shared care at 50/50?

What happens if you had handover place already arranged? 

What happens with school? 

Extracurricular activities? 

Also, as many employers are flexible now how will this impact on your job to provide for the child? 

Thoughts? 

 

 

 

This post was modified 3 months ago by Parrot Carrots
ReplyQuote
Posted : 07/09/2022 12:54 pm
Bill337
(@bill337)
Famed Member

@harveybdac there is a whole scottish guide about representing yourself in court. can get the guide here:

https://www.sharedparenting.scot/wp-content/uploads/2019/08/Representing-Yourself-in-a-Scottish-Family-Court-2021-edition.pdf

general info here: https://www.sharedparenting.scot/topics/court-and-law/representing-yourself/

ReplyQuote
Posted : 07/09/2022 1:07 pm
HarveyBDAC
(@harveybdac)
Eminent Member Registered

@bill337 Thanks very much, its actually the document I already use and refer to if I am trying to help a Scottish parent. 

You can obviously litigate in person in Scotland or use a dreaded solicitor. However they have 2 alternatives up there as in use a lay supporter or a lay representative BUT what seems really difficult to do is actually find a lay sup or a lay rep, any ideas or places you can signpost me to ?   

ReplyQuote
Posted : 07/09/2022 1:15 pm
Bill337
(@bill337)
Famed Member

@harveybdac here they recommend getting in touch with local citizens advice bureau and seeing if they can give info about finding a lay supporter/representative:

https://www.scotcourts.gov.uk/taking-action/lay-representation-in-civil-cases  

ReplyQuote
Posted : 07/09/2022 2:03 pm
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