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TOPIC: Child arrangements

Child arrangements 2 weeks 1 day ago #97657

  • Aqua
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Dear all I would be grateful for your advice .
My wife wants to move away and live our 3 children about 60 miles . A journey that takes 1 and half hours or 2 hours because of m25 !
We have lived the same area for over 10 years and I would stay in the area surrounding area due to work .
The move she states is to get help from her family .
My wish is they stay here still I can get a mid week contact and the weekends are not so long journeys . Also less disruption to school changes . I would also be involved more in schooling etc . Is there any chance I can stop the move as so far legal info have said no and I asked about a prohibitive steps order but solicitor said no . I feel I am getting wrong advice but don’t where to go next ?
Thanks

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Child arrangements 2 weeks 1 day ago #97666

  • Mojo
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Hi there

They probably said no because an application to stop her wouldn’t succeed... you would have to prove that she was moving to stop you from seeing them, as she’s moving to be closer to her family for support, a court wouldn’t stop that. 60 miles isn’t that far a move away either, even though it means you travel time is increased.

What they should have said is there’s nothing to stop you from making an application, but the likelihood of success is slim to zero.

All it would do is delay the move whilst the case was ongoing, which would most likely cause a rift between you and the mother.

You could try mediation to get some agreement about contact after she moves, perhaps she could meet you halfway, or do half of the travel, either by dropping them off or picking them up.

Best of luck

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Child arrangements 1 week 6 days ago #97687

  • Aqua
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Thank you for your advice.
I know it is difficult to stop on the move . She is reluctant to go down mediation so would that mean going to court or if it is discussed through solicitors does that mean going to court .
Thanks

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Child arrangements 1 week 6 days ago #97699

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Mediation would have to be attempted before the court application can be made unfortunately. You should speak to a mediator and leave it to them to write to your ex and ask her to attend, if she refuses, of mediation fails, the mediator will sign off the form to enable you to make an application.

You can instruct a solicitor, or you can self represent.

All the best

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Child arrangements 1 week 5 days ago #97713

  • Yoda
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Perhaps think about how contact will work once the move takes place too. You could suggest that you have longer times during holidays etc.

You could discuss all the options at mediation and if that doesn't work, you can at least apply to court and try to get an order in place for future contact once the move has taken place.

Having wasted many hours of my life sat on the M25 you have my full sympathies.

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.
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