Shared Custody - Can One Parent Move Away?(17 Posts)
In a separation (not divorce yet...) with no legal custody arrangements. Dad has daughter half of the week & Mum the other with alternate weekends. She has a bedroom in both houses.
The Mum has a 'new' boyfriend with a child of his own. Can she take her daughter out of school, away from family & friends to live somewhere else if the Dad objects?
One parent can move away. Whether a court would agree that that parent could take the child with them is another matter. The father could apply to court for a prohibited steps order to stop the daughter being taken away.
Depending on how far the move is, how significantly that would affect contact between the daughter and her father, and the reasons for the move then the court might agree that it's ok or it might not. The mother would have to persuade the judge that the move is in the best interests of the daughter and, given there is existing de facto shared care that presumably both parents agreed to, that might not be easy.
Would you recommend the Dad getting a legal shared custody agreement in court (if such a thing exists). He doesn't want her to move schools or the family.
It depends how imminent and definite the move is. If it's going to happen next week then he'll need to talk to a solicitor to start court proceedings for a prohibited steps order ASAP while also applying for a more permanent order. If it's more vague and distant, though, it might be worth talking to Families Need Fathers in the first instance rather than going straight to court. They're a good bunch and have a lot of experience in this area.
In the UK legal custody was replaced with Parental Responsibility more than 25 years ago and residence or shared residence orders no longer exist. PR gives both parent equal responsibilities and rights to carry out those responsibilities. That means important issues such as living and contact arrangements need to be agreed.
When there is a dispute either party can apply to court for a court order to regulate PR. The new Child Arrangement Programme sets out the process for dealing with applications for child arrangements orders to determine living/contact arrangements and it is designed to help parents reach an agreement, where possible without a court order. There is a legal requirement that in most cases the applicant arranges a Mediation Information & Assessment Meeting before the courts will hear a case. Try googling Child Arrangement Programme and "What the Family Court Expects of Parents. "
IF no agreement can be reached about about moving a child a distance away the parent who wants to move may apply to court for a Specific Issue Order for permission. Alternatively a parent who wants to prevent the move can apply for a Prohibited Steps Order. If the move is imminent it may be necessary to apply for a PSO to prevent the move at least until the court hears the case and has time to carry out investigations.
When the court makes a decision the judge must give regard to the welfare checklist in s1 Children Act 1989 and children's welfare is paramount. Other factors include the views of the the children according to their age and maturity, the family background, how settled parents new relationships are and the likely effect of any change of circumstance. If the 50:50 shared care arrangement is quite recent it can be an uphill struggle changing the status quo. The biggest obstacle to 50:50 shared care after parents separate is the absence of shared care 50:50 before they separate.
On the other hand if 50:50 shared parenting has been established for some time it may be deemed less disruptive to relationships, schooling and friendships for children to live with the parent who isn't moving for the majority of the time. Alternatively care can be still be shared say by the child living with one parent most of the time during term time and the other parent for most of the school holidays and half terms.
Wow, that's a lot of info. Thank you for taking the time.
He keeps saying that he has no rights, it's all for the mother so this is reassuring. He won't give up though.
Hi All, I'm a mum of 3 kids ages from 9 to 5 years. I have separated from my Ex in July 2014 the split was very bitter having to go to court battling for the kids. In short the judge ordered shared care of 4 nights with me 3 nights every week. This order has been in place since May 2015 and has been going well. I have started a new relationship with a great guy also with a kid in the Midlands, 120 miles away from my Ex in London. As the family home I shared with my ex was up for sale I find I cannot afford to buy in London and have been living with the kids at my parents house. A temporary solution while I find permenant employment. I love my new partner and moving to the midlands make sense, I can also get the same job there. I really want to move and marry my new partner but am frightened that my ex will find a way to block me. I do want contact to occur, but clearly it will have to be less frequent . I know my ex will refuse and the matter go to court. Any suggestions.? I have been with my new partner for 8 months. Thanks in Advance ....
My son's wife had an affair last year..ended that in September then got with another man whilst still being married and living with my son..they have a 4 year old girl who me and my husband have looked after since she was born so they could both work. December she decided they needed a break so my son moved out for a while or so he thought but within a month she had changed her name and got her fancy man living with her...shes now moved 300 miles away and my son will get to see her every other weekend but he has to go get her and take her back...he will also have her during school holidays..but my grand daughter keeps saying she wants to stay with daddy she doesn't like the new house or school. She doesn't know anyone whereas if she lived with her dad she would go to school with children she's been in nursery with got 3 and a half years. This move was for the mother no consideration for the child or father...would my son stand a chance of getting sole custody??? Thank you
Ive no legal advice but mesal 8 months?! No you should not change your children's whole life after 8 months!
He can make an application to court but will be requested to try mediation first.
Did the ex tell him she was moving?
I am not sure anyone could predict an outcome and he is best seeking legal advice.
Only advice I will give is that he and you need to keep the personel feelings you have out of it. The judge is not interested so no using the words fancy man or putting the mother down.
I don't mean to put her down she's a good mum very harsh but good. She did tell my son she was going to move and he begged her not to get reply was you can't stop me..ill do what I want...we just think it's unfair that after 1 month a new bloke is living there and 6 months after there moving to live near his parents. It's not fair on the daughter...but thank you for advice I will get a solicitors Appointment for him if he wants to do that.. .many thanks
I know its hard I really do.
He should have taken out a prohibited steps order when she told him she was moving. I dont think its fair or proper to rush in to new relationships either. My ex introduced his new gf to DC after 3 weeks of knowing her. It did mess my childrens heads up for a bit.
Legal route is best.
I hope he gets a fair contact order.
Thank you cosmic...its so heart breaking especially when she cries because she doesn't want to leave her daddy x
My friend moved her and her daughter to Spain 17 years ago. Courts put in place that she had to bring dc back so many times a year to dad. Was not amicable. Now 18 relationship is fine and whilst dad didn't keep up his side of going to Spain, my friend always bought her dc back to England to see her dad. Mine was in best interests of child to have a better lifestyle. Fathers do have rights but rights of child are what should come first.
I live in n.ireland and want to move to england my ex partner who has just got 1.5 hours contact with just our D.D once a fortnight not our D.S due to D.S saying he hurt him.. i have to get court to agree on me moving... what are the chace court will agree has anyone ever been through this ? Thank you ...
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