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Relocating Parent being taken to Court

(4 Posts)
CuriousMe Tue 27-Sep-11 22:18:23

Hi,

I wish to relocate my children (11yrs and 6yrs) to Sheffield, where I grew up and where all my family are based. However their father is attempting to put a Section 8 Prohibition Court Order on a possible relocation on us, insisting we stay in London. Ironic since he walked out on his children four years ago and left me devastated and getting on with it. I have tried to communicate diplomatically with their Dad over email, but he is having nothing to do with it and insisting on being cold and using his Solicitor to represent him. I understood that mediation is necessary prior to court in any case. I am happy to attend mediation, shame he isn't.

Now things are rosy again (divorced, new long term BF and ex has a lovely partner too) I now wish to vacate the expensive house I live in here in London and move back to my roots where all my family are and much more support, love, safety and freedom for my children - and some excellent schools.

However I was surprised at a Solicitors letter from my ex, insisting I attend a Court hearing next Monday, in Cambridge (!!) Maybe I could represent myself as I cannot afford legal fees and don't think I am entitled to free legal advice, but I wouldn't know what to expect or what to do? I was wondering if anyone else has been faced with this or similar... when all they want is a wonderful childhood for their children like me. How did you deal with it, what is the process?

Currently I live in Tottenham which is fabulous but not the best place to bring up kids. The Peak District is beautiful and they can romp in peace and me live with less anxiety. Happy Mummy equals happy kids - and with plenty of visits to Dad's.

I have always encouraged access since my ex-husband left me and our kids for another woman. I introduced morning school pick-ups to his routine and my elder boy (at the time 10yrs) suggested seeing Daddy Wednesdays, note it wasn't daddy's idea! He has them every other weekend which would be important for them to still see him and possibly even longer in the holidays to maintain the bond they have with him - and indeed their London friends.

What should I do if I can't afford a Solicitor? All advice very welcome. This is a tough one.

CogitoErgoSometimes Wed 28-Sep-11 06:48:06

I would suggest you book an appointment with CAB to discuss what help is available and what your rights and responsibilities are. In the meantime, I would continue with your plans to move house. Court cases can drag on and, if the children are settled in a new environment, I think you'll find they're allowed to stay there. Also, age 11 and 6, there will be a lot of weight given to what the children want. Sheffield is only up the M1. They can still visit at alternate weekends.

dearheart Wed 28-Sep-11 10:29:37

My dh's ex said she might relocate abroad when they split up. Dh asked his solicitor if he could stop her from doing this, and the solicitor said a court was very unlikely to stop a mother from moving to be near her family support system. That was a few years ago (about seven), and I don't know if the law has changed.

i would definitely get to the CRB, as the previous poster suggested.

CuriousMe Wed 28-Sep-11 18:10:16

Thank you very much for your responses.

Earlier I called the CAB who put me on to a family lawyer and I got free consultation for half an hour.

Through a deal with my parents I am now lucky enough to have a Deputy District Judge represent me on Monday to bat back the PSO and possible Residence order.

Like most, I always put the kids first so hopefully the truth will prevail in court and my ex will realise the benefits of a relocation too rather than just think about himself. They'll always see tons of their Dad it's what I want too.

Love a happy ending, always the optimist so lets see what happens now.!! Feel better prepared (spent all day on the phone!) Your support is fantastic, many thanks. thanks

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