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Can I do this without a court order?

(8 Posts)
kickassmomma Wed 06-Feb-13 20:48:47

Ok so I will try and explain as well as possible but will need to be Discreet so I'm not outted.

My dd has had her care(outpatients) transferred from a hospital close by to one very far away. We asked for a transfer and this far
Away hospital was the only option. Her care will be continuous throughout her life. My question is if the trek is too far for every appointment and I decided to move closer to the hospital what rights would I have against exp? Neither of us have a residency order. I have dd 6days a
Week and he has her 8hours on the 7th day. It is not possible for him to have her overnight for safety issues. Would he be able to stop me
Moving closer? It would mean he would have about a 3-4 hr drive to see her.

mumblechum1 Wed 06-Feb-13 20:56:12

You can move within England and Wales without his permission.

He could make an application for a specific issue order, but in the circumstances you describe, the court would, in my view, be likely to put your daughter#s convenience in terms of travelling above those of her father if her hospital appts are frequent.

So if she only goes to hospital once every 6 months, your case would be weaker than if she goes 3 times a week or something like that.

kickassmomma Wed 06-Feb-13 21:07:22

Thankyou smile she attends one every two months but has to be admitted of her condition becomes unstable which happens about one a month. Would this still go in our favour? X

RedHelenB Thu 07-Feb-13 07:19:04

I really wouldn't worry as any court is looking at the best interests of the child which is clearly her medical needs in this instance.

jetlag Thu 07-Feb-13 11:49:21

As long as you're not leaving the country, he can't stop you moving anywhere. Even if he tried, the court would look dimly on his attempt to put his needs above his daughter's.

prh47bridge Thu 07-Feb-13 14:08:46

Not entirely true jetlag. There are cases where the parent with care has been prevented from moving. However, I agree that in this case that is unlikely.

jetlag Sat 09-Feb-13 11:22:36

Must be rare cases, but I appreciate that they must exist. In my experience with my step son, the egg donor (no way could she be called a "mother") was basically told by the court that she'd need a "very compelling reason" to stop father and son moving away from her. She tried every dirty trick in the book and failed miserably.

It may have helped that, before father and son wanted to move to London, she had virtually nothing to do with her son and was seen by the court as purely being obstructive.

She was given access (that she never used) and they bent over backwards for her in every other way except that one.

MOSagain Sat 09-Feb-13 15:19:13

As prh says, there are cases where the Courts have prevented a move. Each case is judged on its merits but as prh says, given the facts in this one it appears unlikely that such a move would be refused.

jetlag you refer to your step son's mother as the egg donor? shock How nice hmm

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