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TOPIC: Ex Trying to move away with my Child!!!

Ex Trying to move away with my Child!!! 4 years 2 months ago #61908

  • rb80
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Dear All,

My Ex-wife is trying to move away with my Son and I'd like to hear from anyone who has some advice on what to do and how to prevent her from taking him away.
I have always wanted my Son to live here with me but was told at the time of the divorce that I wouldn't have a chance because of his age (he was two when the divorce went through) and he has been living with his mum ever since (he is now age 10) and I have had regular contact throughout.
Now, she has had the time to brainwash him into believing he wants to move away too! He can't possibly really want this as it is to an area he is not familiar with and he has no friends or family there!
I am now taking legal advice with the aim of taking her to court to prevent her from taking him away.
My goal is to have him living here with me or at least to prevent her from moving too far away.

I'd really like to hear from anyone who has been in a similar situation and has Won their case, I'd like to know if there are any areas in particular I should focus my case on.

Any advice would be appreciated.

Thanks in advance,

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Ex Trying to move away with my Child!!! 4 years 2 months ago #61912

  • Mojo
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This is a pretty difficult situation to fight. Effectively you are asking the court to limit your ex's freedom to choose where she wishes to live. Of course there are cases where this has been possible, but in my experience they are the exception rather than the rule.

If your ex can provide reasons for the move, such as for work or to move closer to family, then it's highly unlikely that the court will stop her. If the court decides to obtain the wishes and feelings of your son and he expresses a wish to move, that would make your position even harder.

On the other hand, if you can prove she is moving purely to obstruct contact between you and your son, then you may be in with a chance.

If the move is imminent then at least you will prevent her from leaving in the interim, whilst the case is heard. It's a delaying tactic that may not prevent the move but will enable you to have contact defined in a Child Arrangements Order.

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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!

Ex Trying to move away with my Child!!! 4 years 2 months ago #61930

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Thank you for your reply Mojo,

I'm not stopping her from living where she wants, I'm simply trying to prevent her from moving away with my Son and by the sheer virtue of moving further away will prevent / obstruct my contact with him.

At present she doesn't have a job to go to up there, all her family are here although they have said they would follow her there, and my Son has nothing up there! - All of his friends, family and entire life is here. Uprooting him will cause so much disruption to him at a time where he should be getting ready for Secondary school and concentrating on his School work.

Kind Regards,

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Ex Trying to move away with my Child!!! 4 years 2 months ago #61966

Sorry to hear about such a challenging situation. Is there any chance you can also move? Also, sorry for a dull question - but are you sure your son has been brainwashed by your ex? Maybe they are moving to a really nice place and he is genuinely excited?

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