Moving away - what is the law?(8 Posts)
DP has 4 kids with ex wife. They live 15 mins away. We have them eo weekend plus a week in hols. DPs ex is talking about moving 2 hours away. I dont agree with her reasoning but by the by, can she legally do this? How does it affect access? Who is respinsible for the extra fuel costs and who's contact time does travelling eat into? Trying not to get on high horse til I know facts!!!
I think she can move anywhere within the uk she likes, if you went to court she might be made to do the travelling though to enable contact.
I think Redhen is right. However no matter what the courts say, it can be almost impossible to force a reluctant ex to co-operate with lifts.
If there is already a contact order on place (issued by the court) then she will be expected to "facilitate contact" in line with the order regardless of where she lives - she or your DP could go back to court to change the order if the current contact schedule would be impossible.
As for costs of travel - this can also be set out in a court order; for instance, handover half way - but in any event, if your DP incurs costs to maintain contact, this can be taken into account by the CSA.
If there is no court order or CSA involvement then your DPs ex can legally do what she likes. The courts/CSA are there to intervene when a parent doesn't put their DCs needs first, or when parents can't agree - it sounds like that's the situation now, so perhaps your DP could seek some formal legal advice so he can consider his options.
My friend was in this situation but she was the one moving 2 hours away.
Her ex went to a solicitor as did she and basically there was nothing he could do to stop her moving and he does most of the pick ups /drop offs but I think that was his decision so he could collect dd from school.
I'm hoping it's knee-jerk reaction to breaking up with her latest boyfriend but she wants to move away as she
has worked her way through this area can't get/keep a boyfriend round here. The children are happy and settled in good schools and have access to maternal and paternal families locally...
she has four children and no doubt would like to 'move on' as her ex has been able to do. Is there a reason you only see the children every other weekend? There are 13 school holiday weeks a year but you have them for only one? Are you able to help her out more or are her parents/family available to help out? does she work? does the move improve her job prospects and/or is it logical from a job point of view?
What is the reason behind the 2 hour move? has she literally plucked the name of a town out of the air or is there a reason for that choice?
From a legal point of view (I'm no expert but have moved away from my ex myself who challenged me using legal means), if your partner only sees the children once a fortnight, and she has a reasonable reason for moving, you will probably struggle to stop her with the courts. However, that presumes that contact isn't a problem (has she previously stopped contact, for example, or caused problems with contact?) and is the area she is proposing to move to difficult to access (I'm thinking the tip of Cornwall, for example, with you living in Newcastle). Sorry to ask (I make no assumptions), but does your partner pay maintenance and can he prove it?
It would be possible to get a Prohibited Steps Order to stop her moving immediately but it wouldn't necessarily be a permanent thing. How old are the children?
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