DBil has a ds (my dn) from a previous relationship. He is 13, they split up 6/7 years ago, never married.
Since then they have lived in same town less than a mile apart and custody has been 50/50 (agreed between them so not formal). This has been broadly satisfactory for all. Now his xp has started a new rel. with a man in a city 200 miles away, and is expecting their baby next month. She is talking about moving to her dp's city and taking dn with her.
My dBil is furious and will take it to a family court if necessary to make sure this doesn't happen (obviously can't stop her from moving but she is not to take dn with her). He will fight for full custody if necessary. This is causing much angst in the family, not least for for dn, who does not want to move 200 miles away or be separated from either parent.
We're convinced it's a no- brainer and that family court will rule in dbil's favour, are we right?
Factors to be aware of
- Dn is happy with current status quo and does not want to move
- He is settled in yr 7 at school with friends. This is private school that dbil pays for.
- He currently lives close to three surviving grandparents, cousins and other family (on both sides) who he sees a lot and has a good relationship with.
- DBil has good, well-paid job with flexitime which helps a lot with childcare. He has contributed close to 100% financially for his upbringing.
- Xp has never had anything other than very part time job, she survives on benefits and handouts from her parents and Bil (because he wants to be sure his son is living in reasonable conditions when not with him).
- New stepdad has a job and would be supporting xp, dn and new baby. He has tried to move to closer to where xp, dn and Bil currently live but apparently given his job situation this is no longer possible
- New stepdad is a decent guy according to dn but they don't know each other well at all. Xp got pregnant soon after they met, they have never lived together so uprooting ds would be risky at best as there's no telling that the relationship would last.
We can't see that any family court would send dn away from his father in these circs.
Do we need to worry and any specific advice?
Thanks!