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Moving with children - minimum notice?

(1 Post)
MrsPickard Thu 30-Jan-14 21:29:52

Have name-changed as my other NN could be indentifiable.

To summarise an 18-month story: A friend of mine has managed to escape her abusive XH. She left the family home with their two DC (5 & 2) because he wouldn't.

She went to mediation where the abuse continued and when it looked like he would actually have to stick to the agreement - which would leave her in dire financial straits but she was willing to accept because she had no money for divorce and she wanted it over with - he decided to mess about with the final mediation dates.

He wants her to accept a fraction of what the house is worth and pay no maintainence. She hasn't started an CSA claim because he has money given to him by his father and officially earns very little.

The house my friend rents is riddled with damp, her eldest DC has asthma, and she has no money to find the deposit and first month's rent in the area where she lives (the XH lives in the family home).

She wants to move about 100 miles away to near where her family live as it will be cheaper, she'll have full support with childcare and she can regroup to think again about divorce. She's willing to facilitate contact and meet him half way at agreed times, but she knows that as soon as she tells her XH that this is even a possible plan, he will threaten her with court. He threatened it when she suggested in mediation that she'd move 10 miles away where she could afford to rent.

What can she do, legally about moving? For eg, If she was tell him in writing, what would be the minimum time she'd have to do this before the move so it wouldn't look like abduction? She will tell him where they are (address), and will make arrangements for the DC to see him regularly. She's just scared that as he has money, he will immediately swoop in legally to stop her.

Please don't say he has rights, etc, etc. She knows he does, she's stuck with it this long because she wants the DC to see their father, but she literally does not have the means to keep a roof over their heads any more as he hasn't paid child support in over a year, and the only way she'll get any is to agree to his financial settlement, which will still leave her under his control. Three different solicitors have told her different things and she's desperate.

TIA for any help you can give.

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