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court hearing and relocation

(9 Posts)
wibblywobbler Tue 30-Oct-12 22:05:47

My ex disappeared, following a brief relationship, when I was 14 weeks pregnant, I emailed him and asked him if he wanted to be involved in the pregnancy, come to scans, have in input into names etc but he wasn't interested. When baby was born I informed him and regularly updated him, he showed no interest at all in knowing our child.

When baby was 9 months old he became involved but was not allowed unsupervised contact due to his past behaviour, he was happy to go along with this. Within weeks he started losing his temper and control of his emotions with our child and then with me so I said I was no longer willing to supervise contact and he would have to organise a contact centre. I didn't hear from him for weeks so I thought he had disappeared again and I put out feelers to relocate to where my family and friends are. I then received a letter from his solicitor, he is taking me to court seeking unsupervised contact, claiming there is no reason for supervised contact and accusing me of causing problems with contact and then stopping it on a whim.

I have documentary evidence of the lengths I have gone to in promoting contact even when he wasn't interested, evidence of his steady refusal to see any problems with his anger instead blaming me for his outbursts.

I can't talk to him directly about the issues regarding contact as he becomes aggressive and threatening, one of the reasons why I eventually refused to supervise contact. My solicitor has caught him out lying in the court application three times.

The hearing is at the beginning of December but as I said before, when I thought he had disappeared from the scene again I started to consider moving to where my support network is and a house has just become available.

I don't want to scupper contact, I never, ever, have. I have always promoted and gone to great lengths to facilitate contact for my child's sake. As my solicitor has told me, there is a mound of written evidence showing I have gone well above and beyond what I could have done. I know the distance to where I want to move to, 250 miles, is a lot and will affect contact but I will be requesting it to be in a contact centre to begin with anyway and there is SKYPE inbetween contact sessions. Not ideal I know, but apart from my ex there is nothing keeping me here and I am unemployed whereas if I move I can find work. Our child is now 20 months. What are the chances of the judge allowing me to move?

Collaborate Tue 30-Oct-12 23:54:17

You can move whenever you want. There is no bar on you moving.

You do not need to ask for permission.

wibblywobbler Wed 31-Oct-12 08:26:14

He's requesting PR once he's granted that he could go for a specific issue order or something to stop me leaving my solicitor said. Sorry, can't remember the exact term! So if I move before PR is granted there's no problem? What if I can't move till after the first hearing once it has been raised at court and he has PR he can't stop me then either?

Just want to be really clear in my head as don't want to land myself in hot water

Collaborate Wed 31-Oct-12 09:14:53

Assuming you're not leaving the UK him having PR won't make a difference. He can apply for an order preventing you relocating in the UK whenever he wants.

wibblywobbler Wed 31-Oct-12 09:23:43

Would he be successful in preventing me moving? As I'll have to move eventually as I can't afford to stay here. I am staying within the uk

wibblywobbler Wed 31-Oct-12 09:24:15

Thanks very much for the help collaborate

Collaborate Wed 31-Oct-12 09:48:07

Probably not, but to get a proper advice you need to sit down with your solicitor or barrister and tell your full story. You can't get reliable answers to those questions on an annonymous message board.

wibblywobbler Wed 31-Oct-12 10:04:54

I asked my solicitor who said if I moved before he gets PR he can't stop me but it will have to be raised in the court hearing that I want to move. She couldn't tell me whether he'd be successful or not hence md asking here

Collaborate Wed 31-Oct-12 10:49:12

Having PR makes no difference to the issue of you moving within the country.

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