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Internal Relocation with Children(13 Posts)
Need some help please. My company is doing a restructuring. They want me to either move to a different office or take a lesser job and pay cut.
I cant afford a pay cut, so am looking at relocating. It would be 2.5 hours (150miles) from where I live now. Ive thought long and hard about it, and I know Ex will not agree. Are court likely to give me permission to move if i ask?
Other factors (not sure if relevant)
1. I nearly suffered repossession earlier in the year, so if made redundant, or take pay cut I can basically wave goodbye to my house.
2. I am suffering heavily from anxiety and receiving treatment.
3. My mum and dad (who currently do the majority of my childcare whilst I work) are willing to relocate with me
4. Ex is currently not having contact with the kids, but this is about to restart up again via CAFCASS supervising at contact centre
5. Oldest DCs father is supportive of the move.
6. It would likely not happen until next year (possibly april) so hopefully contact would have moved on a bit by then. I would be proposing working towards alternate weekends. Ex to collect from me and I to collect back from him. Until he was having overnights, I would propose that 1 visit he comes to the new place, and the other I drive them to him and then drive them back with me.
7. Schools are just as good as the 1 DCs at currently.
8. I would ideally (if mortgage company) let me rent my house out and rent somewhere at the new location.
12 months! Really. Oh dear. I was hoping to let ex know when its definate from work (i.e in the next month or so) and then hopefully move within 3 months. Guess thats not going to happen.
Weve got a CAFCASS bloke at the moment who is doing a final report for December, is it worth mentioning to him so he can stick it in the report hes currently doing?
You only need the courts permission if you leave the jurisdiction of the court.
I thought i needed permission because of the whole school change that would have to happen?
Or do I tell him this is what Im doing because of x reasons, and if hes unhappy he applies to stop me?
I will notify the court when we go back in December anyway because I should have final confirmation then and hopefully they will allow it.
BabyB - IME the court wouldn't injunct OPs move, or even a change of school, due to the fact that there is a genuine reason for the move. An injunction to prevent change of school is an injunction against moving but by the back door, and I wouldn't think a court would do that. Prepared to be disagreed with though.
It is entirely incorrect to say that you don't need the court's permission if you're not leaving the jurisdiction of the court. If your ex objects to the move it will go to a contested hearing, usually with an interim PSO in place You will almost certainly be given permission but the court will want to know that arrangements are in place for contact.
The case law on internal relocation is different to that on external relocation but these relocations are occasionally blocked by the court.
You may be able to reach an agreement with him (possibly with the help of a mediator) that would form the basis of a consent order and circumvent the need for protracted proceedings.
BabyB I agree that with shared residence cases there may be more instances of the court stopping a parent from relocating internally. Had one myself recently where the mother wanted to move 200 miles to get away from a SS investigation into her and to get away from the father - she was stopped. However a PSO to prevent a move internally is a draconian step and only rarely exercised.
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