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Can friend's exH really stop her moving 40 miles (max) away?

(9 Posts)
freddiefrog Wed 09-Jan-13 15:08:35

Friend divorced husband 4 years ago following him cheating on her. They have 2 children of 9 and 5

He has now gone on to remarry and have another child.

Friend moved to London when they married at ex's instigation as he wanted to live near his parents. She's always hated it and wants to move back to her original hometown to be near her mum, friends and other family, better schools for the children, cheaper housing so therefore a better standard of living.

It's at most 40 miles away

Ex-H is threatening to go for full residency, stop her maintenance, etc, etc.

Can he stop her? 40 miles is hardly the other end of the country.

She's terrified of him taking the kids from her.

freddiefrog Wed 09-Jan-13 15:11:44

Sorry, posted too soon

She's terrified he'll take the kids from her so rolls over every time he threatens to take her to court.

She's struggling, depressed and isolated. She's surrounded by all his friends and family so feels a bit ganged up on

Her ex has told her that he'll take her to court to either stop her move or get full residency of the kids but would a court actually stop such a small move?

freddiefrog Wed 09-Jan-13 15:13:07

Oh, and I forgot, he has them every other weekend Friday night to Sunday night so this wouldn't change if she did move

NatashaBee Wed 09-Jan-13 15:21:52

Message withdrawn at poster's request.

MooseBeTimeForCoffee Wed 09-Jan-13 15:24:37

He can apply for a Prohibited Steps Order to block the move but I doubt he'd be successful. Your friend needs to show the move is in the best interests of the children - close to family, good school, cheaper house = better standard of living etc. What proposals would she have to assist with the contact. Would she expect him to do both trips? Could they do one each or meet half way?
He's pulling her leg about Residence. If the children are well cared for and happy then the Court wouldn't award it to him.

freddiefrog Wed 09-Jan-13 16:13:31

Thanks

She's talking about meeting him half way, actually the most convenient place for a handover is nearer him so it'll be more like 75% for her, 25% for him - not much further than he does now - in fact probably quicker time wise as he's not battling across London traffic in rush hour

She works in central London, has to work very long hours to afford her rent, etc. if she moves out nearer her mum, with the cheaper housing, she can work less hours (she's already been offered a job locally), no childcare costs, and have support from her mum, etc, etc.

There's no real reason for him stopping her, it won't really affect him. He just likes to control her, if she moves away she'll be away from his and his family's control

He's got her so terrified of him taking the kids off her that she won't fart without his permission

NatashaBee Wed 09-Jan-13 16:24:08

Message withdrawn at poster's request.

MOSagain Wed 09-Jan-13 18:25:52

As others have said, he can apply for a PSO but in my opinion, his application is unlikely to be successful. She is a single parent with very little support where she is and by moving a very small distance she can have a bigger support network together with better housing and work prospects.

From what you've said, it is unlikely to impact on him very much at all if he will still be able to have the normal weekend contact with them and if she is offering to assist with the travel.

Bosgrove Thu 10-Jan-13 11:24:10

My ExSil moved 2 hours drive away from my BIL, his lawyer told him that there was no point fighting it as he would lose. (She was moving for a training course)

As she doesn't have a car, he now has a very long drive to collect his children and has lost his mid week visits.

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