I'll try and make this short. 2 years ago my ex-wife assaulted me and forced me to leave my family home.
We arranged that I would see the kids (two girls now 6 and 2) Thursday, Friday and Saturday every week but she refused overnight stays.
In January 2021 she abducted my kids and moved 110 miles away despite stating multiple times that she would not until the courts decided if she could move or not.
Due to COVID this has taken a lot longer than usual and we have the final hearing on the 5th of August.
My position all this time is that I should be made primary carer of the children and they are returned back home and then its a choice for the mother to either remain where she is and see the kids every other weekend or move back and share 50/50 time with them.
My solicitors are preparing the final statements but are taking the stance that I negotiate on the remaining with mum which I am not happy about as any change to bring them home then I feel we should as our default stance and then negotiate from that if the court says no.
Has anyone else been in this situation? what was the outcome?
from my experience is that after the ex moves away with the kids, and settles them into new home, school etc then that becomes the status quo, and courts keep it that way. just had to accept the new reality, and had arrangements in place to see kids regularly.
You should consider applying for a specific issues order, seeking that she relocates the children to a school close to where they lived previously.