Hi all.
Sorry to start a new thread on this but i need advice pretty sharpish.
My ex is planning on moving to South London 5 hours away. Away from me and all this side of the family and the majority of her side of the family.
I'm in the process of my application to court for the second time for access. First was over birth cert and PR.
My solicitor says there isn't much we can do however we will try and put forward to courts that she is doing this for 1. religious reasons, as we don't share the same religion 2. Pure spite. It's far from in the best interest of my 10month old son.
What reason is she giving for moving, and does she live in England at the moment (as opposed to Scotland)?. Unless you can prove that it's solely to make contact difficult, then, if she can give a good (or plausible) reason for moving and she's not living in Scotland at the moment, then unfortunately a court is unlikely to prevent her moving. You could still apply for a PSO if you're happy to take a punt. I'm not sure whether you might be able to combine it with a variation in the order with regards to contact - hopefully someone with more knowledge of this can help you on that.
Thanks for the reply actd.
She currently lives in N.Wales and moving to Kent border. I've got to try and put across that it's really not in my sons interest.
I know i've got barely any chance but it doesn't make sense for her to move including financially.
Apparently if my son had been welsh speaking and in school it would be a different story but because he is so young...she's allowed.
Stress levels...not good ha.
As I say, you can apply for a PSO and represent yourself, so it will only cost the application fee. If it can be combined with a variation in contact, a judge might be sympathetic to your argument and be more generous with the contact arrangements if he dismisses the PSO application - that might be the next best thing.
Anyone any idea if the PSO and variation can be done together? Or any other advice for that matter?
It's a difficult one, as the child is still only 10 months old the usual arguments don't really apply.
As you have a case ongoing, you can apply to add new directions to the existing proceedings, perhaps talk to your solicitor about this as a possibility. You could then apply for a Prohibited Steps Order to run in conjunction with the current proceedings.
Good luck
Thanks guys,
We are going to run a PSO along side the contact.
I've been advised by a friend who is a family and child social worker to have an' interdependent social work assessment' to take to court with me.
What are your thoughts on this? Have any of you thought about getting one done?
I wouldn't advise getting an independent assessment done, the court may take a dim view of this and I'm not sure, but I seem to remember there being riles against doing this without prior permission from the court....I'll check that.
My son wanted to get an independent child psychologists assessment and he was strongly advised not to.
Thanks for the advice Mojo, much appreciated.
Hi all,
Thought i'd bump this thread instead of starting fresh.
Got my CAFCASS call tomorrow and i'm more nervous than last time. Looks like it's going to be the same woman too.
I really don't know how to put across everything without it coming across as mud slinging. I've read a lot of the other cafcass threads about do's and don'ts but really not sure how to that this one.
I need to get across that the ex is doing all she can to make it hard for me and that moving away is not in the best interest of my son.
Court is around 3 weeks away.
With the phone call to CAFCASS, the advice not to badmouth your ex-partner is a valid one. It will make you come across badly. There are a lot of Dads on these boards who even though they have been as nice as pie have had the reports still go against them based off mums say so.
You must be honest with CAFCASS, if you think she is moving to make it difficult, say so and have it that you want it recorded that those are your views. All too often, CAFCASS are told things - some of quite substantial importance - only to have them glossed over, ignored or even a flat denial of things ever happening.
You would also need to state (quite conclusively) why you think that such a move is going to have a detrimental impact (eg the move will take your Son away from XX members of his family).
The biggest danger you could actually face is that Mum moves regardless of any orders. Unfortunately, Orders are not legally binding.
Thanks Yoji,
I'll be sure to do what you've said. Just hope I get the right balance. Shite scared of F-ing things up.
So no matter what orders are placed, They aren't legally binding? So what's the point?
Urgh. Just one thing after another.