First off, sorry if I have put this in the wrong section. I’m sure I can move it if required.
A bit of background and some advice if possible regarding my ex wife moving away with her new partner.
We broke up around 2 years ago, I hid some money issues from her. I thought I was doing the right thing (stupidly) and it lead to our break up. Since then I have sorted everything out I am debt free and buying a new bigger house for my children with my new partner. My ex was up to things a little more suspect that I found out at a later date but I don’t hold that against her.
She moved in with a new partner around 4 months after we broke up. Our children were 18 months and 3 1/2 years old. Subsequently she has now allowed my children to start calling him Dad much to my dismay (it still causes me upset if I’m honest) now moving on from this everything has always been fine maintenance paid, my time for seeing the children has always stayed the same other than losing a mid week night due to work commitments now Friday to Monday’s. I have on occasion had to change some days due to working I travel a lot and sometimes late back Fridays (this causes a huge issue of course).
Last year I found out from my daughter, now 5, that they are looking to move far away, upon questioning my ex she explained she was looking to move them around two hours away from me. Obviously this resulted in a huge row and more questions, apparently in her words she can do what she wants. I know this is not the case I think she still doesn’t realise I have parental responsibility and has taken the children abroad without my consent before, I didn’t question it because we were on terms.
Moving to this week, myself and my new partner agreed to a weekend switch and we were away for a wedding not on the weekend but abroad. Apparently this was very bad on my part I’m a huge liar now because she assumed it was at the weekend even though on swapping the weekend I have them this whole week and weekend to make up, saving her childcare etc (I don’t begrudge this by the way).
She has since told me she will no longer let me
FaceTime my children unless they ask. They are 3 and 5 I believe really she should actively support me being in touch. They have also now had an offer on the house and she is refusing to tell me where she is planning to move to, my question is....can she just move away? Do I have a chance with prohibited steps order and what steps should I take?
I’m really stressing and an emotional wreck, lack of sleep now since this kicked off and fear of losing my little people and not having them in my life. IMO she is trying to push me out but would this stand up in court?
Sorry for the essay, I really appreciate any responses.
Also, she has told me the move is because they can’t afford the house they want where we currently live (south Leicester) they will financially be better off.
All family live where we are now, my daughter goes to school has friends and is even in a school further away from where both parents live because my ex chose it because of how good it was. Sorry more information overload.
I live in London, so places like Leicester are very cheap in comparison! it doesnt sound convincing. probably just to save lot of money and move far away to spite you. She's moving far away, so things like calls/face-time with kids will be even more important to you.
best thing I think you should do is apply for a child arrangements order. C100 form
you can apply, including a prohibited steps order about children moving away. its probably unlikely the courts can stop her moving. you can make arguments that are in interests of your children, e.g. being close to family, school & friends.
c100 application costs £215. you will have to attempt mediation before hand. you can mention to your ex, and see how she responds. you can apply to sit a MIAM assessment on your own with a mediator. can do video call for less than £100. mediator can decide to invite your ex for mediation, or he/she can just sign you off to make court application.
if/when she does move very far away, then you will have to consider travel distance to pick up,drop your kids. so you can use this as an example to try get extended days/nights with your kids.
As part of the Cao you should get a prohibited steps order in their preventing them moving so far from you as all the travel will eat into your contact time and will not be in the best interests of the kids spending more time in the car than anything else