Moving away and custody over children(5 Posts)
BeauMirchoff Sun 11-Mar-18 11:59:43
Hermonie2016 Sun 11-Mar-18 12:26:04
BeauMirchoff Sun 11-Mar-18 12:33:28
BeauMirchoff Sun 11-Mar-18 12:33:55
MrsBertBibby Sun 11-Mar-18 13:01:31
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A friend of mine wants to move back to her hometown with her 2 DC (11 and 3). She'd be leaving London and moving up north, about three hours away. She'd have a better house there which would mean she could work in what she qualified in - childminding. She'd also have a great support network.
Her ex is now threatening to take her to court for custody. He lives with OW and already has a child with her. He also works full time whilst my friend stayed at home with DS who is 3.
Can the court actually take the children away from her?
He can apply to court for either sole residence or a prohibited steps order to prevent her moving.
How do the children feel about it? Especially the older one. A court would appoint Cafcass to look into the situation and their recommenation is usually followed.
The interests of the child are the focus so she will need a solid plan for their life and a way the dad can still be in contact.
Hard to predict but if she has been the main carer and she shows how the children will maintain a relationship with their dad she could be allowed.
Does she need to sell the house to move?
She has been the main carer. She is moving because the house that she is living is now is a council property and has damp problems. She can't afford anything else in the area.
The children want to be with their mum, especially the older one. She doesn't want to live with her dad as he is a bully.
The short answer is yes, of course the court can order a change of residence.
The longer answer is that from what you say it is unlikely to do so. But it could prevent your friend from moving the children so far.
3 hours is a long way to make kids travel, and the court will want to support his relationship with them. Does she really need to move so far?
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