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I am hoping someone with legal knowledge can help. My son has joint residency with me and my ex-wife. However, he is with us (me and my new family) 10 months of the year and overseas for school holidays. In the court order it states that I cannot move from my present location without the permission of the court. There is a chance that I will be offered a very good position within the UK but it would mean us all moving. Is it likely to be a complicated matter to change the court order?
Any help much, much appreciated.
As this is a legal question I'll ask the moderators to get the Coram Childrens Legal Centre to come along and give you some advice 🙂
I would have thought that it would be straightforward as long as the other parent is OK with it but thats just my opinion. CCLC have a website with webchat and a helpline if you find you cannot wait for them to respond here.
I'll ask the CCLC to pop on - but in the meantime, is your ex likely to object, or are you likely to be able to come to an agreement? If so, then it should be a simple matter.
Hi Aung
If the order you have in place is a shared Residence Order and you wish to have the order varied you would need to make an application for variation using a C100 form. This form is available online at www.justice.gov.uk, or alternatively it can be found at your local County or Family Proceedings Court. There are two guidance leaflets available from the same sources that can help you with this form called CB1 and CB3.
If the mother was to oppose this then the court would have to look into the situation and make a decision based on what they feel is in the best interests of your son’s welfare. When deciding on what is in the best interests of your son’s welfare the court will consider the welfare checklist:
• Wishes and feelings of the child (weight given to these feelings depends on the age of the child, more weight being given to a child over the age of 11).
• Childs physical, emotional and educational needs.
• Effect of any change on the child.
• The age, [censored] and background of the child.
• Any harm which the child has suffered or may suffer.
• How capable each parent is of meeting the Childs needs.
There is a charge of £200 for making this application, however there is a fee exemption form called an EX160A you may wish to look through to see if you have to pay this charge. Also if you were to represent yourself through these proceedings there is a recently published guide from the Bar Council that may help you represent yourself, this guide is available through the following link http://www.barcouncil.org.uk/instructing-a-barrister/representing-yourself-in-court/.
If you require any further advice please do not hesitate to contact us. Our advice line phone service on 08088020008 is available Mon-Fri between 8:00-20:00.
Yours Sincerely
CORAM Children’s Legal Centre
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