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Moving away from child’s father ?(5 Posts)
Currently he has no PR ( was absent to sign the BC)
Baby is 12 weeks old .
He has had scattered access since week 6 when I eventually managed to contact him for DS. This has now been stopped due to him turning up for access on drugs and being abusive.
What are my rights if I was to move away as soon as I can ? 100 miles ( 3 hour journey ).
If he applies for PR what is the process and how long could it take. What sort of access could he get if I move ?
I’m petrified .
My previous posts explain in detail .
Any help is greatly appreciated
If he has no PR, I think you can move wherever you please with no comeback.
If he applies for PR, after that you can still move but will be liable for the cost of travel for he and dc to see each other.
If he applies for PR, he has to go to court. He could reasonably ask to see dc perhaps every other day for an hour or so. As dc gets to school age, eventually up to 50% with some overnight stays. He would be expected to contribute to maintenance if working.
You could express concern to court re: drugs and abuse.
Suggest you check with a solicitor and then move asap before it gets more complicated.
Move ASAP, without PR you dont need to tell him, but do tell him after, as a courtesy [looks good in court] and he'll likely find out anyway which exacerbates things. Get yourself as settled as humanly possible, doctors/infants clubs/childminder, nurseries? and you, get yourself ingratiated as soon as possible, single mums clubs, job, support network.
After mediation [assuming that doesnt work] then he applies to court but they will transfer it to your nearest court. He will get PR, its extremely hard to stop it.
But by the time anything else happens you'll be well settled and if he goes all the way in court it'll be contact centre.
You need irrefutable proof of the drugs and abuse so start recording everything. Keep yourself safe and dont think twice about recording and calling the police if he gets abusive.
Thankyou for your response!
Do yous have any advice on what a court would grant him if I didn’t move away? Thankyou
Truthfully, its a coin toss, depends on the judges. It also depends heavily if you can claim and prove safeguarding issues. Drugs Im afraid, is not in itself an issue until he is under the influence whilst child is in his care. If you can prove that then its extremely likely to be an hour or two, every other week in a supported contact centre. Theres two types of contact in a centre, one where he is unsupervised in a room with lots of other kids and parents. The other is with two workers in a room with parent and child. I think theyre called "supported" and "supervised" You can opt to be there too if you feel safe and happy to do so. It would likely be your choice of contact centre near you, he would need to travel there.
It might be worth offering this, through your solicitor, off the bat. It might help avoid court. If youve definitely decided its safest to stop contact then dont worry about it now, its at least six months of mediation, CAFCASS and possibly social services before it would be ordered.
Whilst I would always encourage anyone to resolve it amicably remember this, its about status quo, you cant claim safeguarding issues and then let him have a little contact. It will just show the court youre not serious about the accusation.
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