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Internal Relocation with Children

(13 Posts)
fallenninja Thu 25-Aug-11 14:23:51

Hi,

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.

Thanks

babybarrister Thu 25-Aug-11 15:01:51

yes v likely - make your application asap though as if your ex does not agree it would take 12 months to process as CAFCASS who would be instructed are v v slow ...

fallenninja Thu 25-Aug-11 15:07:09

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?

fallenninja Thu 25-Aug-11 15:07:57

Sorry, meant to say thanks for replying!

babybarrister Thu 25-Aug-11 16:46:04

yes - you must!! if Cafcass already appointed then delay may not be so bad as 20 weeks for a report to be done from scratch

Collaborate Thu 25-Aug-11 20:48:29

You only need the courts permission if you leave the jurisdiction of the court.

fallenninja Fri 26-Aug-11 08:12:22

Really?

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.

babybarrister Fri 26-Aug-11 11:15:19

I agree that you do not formally need the court's permission, but the reality is somewhat different - it is an issue between you which needs to be resolved because of the effect on schooling and accommodation for which in theory your ex could seek an injunction to prevent you changing in the meantime ...

Collaborate Fri 26-Aug-11 13:17:33

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.

babybarrister Fri 26-Aug-11 14:34:54

that's why I phrased my reply in the way I did though - "ex could seek" - I have seen plenty of applications along these lines which whilst not ending in a PSO per se, have ended in some type of fudge along the lines of the move being held up ....Cafcass has also been asked to report on the issue

there certainly is caselaw on internal relocation and it can be stopped in some cases - though admittedly rare - but with the fashion for shared residence, I rather suspect that there will be more - what do you think collaborate?

Tyr Fri 26-Aug-11 14:48:16

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.

babybarrister Fri 26-Aug-11 15:28:20

www.legislation.gov.uk/ukpga/1989/41/section/13 this is the part for leave to remove from the jurisdiction

re internal moves, what is being considered is essentially the exercise of parental responsibility such that the legal basis is not the same but courts can still stop people moving

www.legislation.gov.uk/ukpga/1989/41/section/8

Collaborate Fri 26-Aug-11 16:53:58

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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