Can we be prevented from moving due to ExH?

[whiterabbity]

I have 2Dc with ExH. They see him EOW from Friday- Sunday evening. ExH doesn’t provide for them financially or anything, he just has them for 4 days a month and that’s it. We moved 2 hours from where we lived with EX, he didn’t contest it and he does come up to see them and drops them off on his days. DH and I want a different scene, somewhere more rural but wondered if legally, ExH can do anything to prevent us from moving? I’m still happy for him to have them EOW (assuming he’d want to) but we’re looking at somewhere 3 hours from here, but EXH doesn’t drive so would either need lifts which his family currently do, not sure they would that far away, or public transport which isn’t ideal for the kids. Happy to be told this isn’t feasible if it isn’t or, more importantly, if ExH could prevent us legally before we get properly looking. He obviously could move closer but wouldn’t.

Yes, he could prevent you from moving by going to court and getting a prohibited steps order.

I wish him every success. As a child who was moved away from one of my parents, I think what you’ve already done and plan to do is incredibly selfish. No doubt you and every other parent who does this has their reasons to justify it, but it is not ok.

I believe your ex could apply for a Prohibited Steps Order to stop you moving. The fact that he doesn’t drive will go in his favour, as he will be able to prove that you moving a total of 5 hours from him will damage his relationship with his children (and his children’s relationship with him.

But the fact he doesn’t pay any maintenance will go against him.

You could be prevented from moving.

You could also be ordered to do the transport - someone I know has to take her child from Edinburgh to Birmingham one weekend a month and for half the holidays after moving away. It was that, return to the area, or allow the child to live with her father.

@CopperWhiteto be honest, I think you could be right re moving further afield but I just want you to know that I’m not selfish for making the first move away. I was coerced by ExH and his family to move in with them from the other end of the country into a tiny rural town where they isolated me and horrendously bullied me. It was toxic for both me and DC.

Bit of a drip feed there.

he could prevent you moving legally (and he should - that's already shitty living two hours from your parent) but the issue of maintenance wouldn't be of relevance.