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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

moving with children following divorce?

1 reply

whatsallthefuss · 27/04/2012 13:44

this is a question from my friend...

if she is divorced, is she allowed to live wherever she likes... even if that means 300 miles away from the father?

she is based in England and would only be considering moving to another part of england?

the divorce was caused by his (well documented with the police) violence towards my friend and others but never to the children.

tia

OP posts:
NicknameTaken · 27/04/2012 14:04

You might trying posting in legal. It's hard to give an exact answer because it depends on the circs.

What would the father's attitude be? If he currently has contact, would be losing this contact and is the type to fight it in court, potentially she could have a problem. Worse-case scenario, he could get a prohibited steps order to stop the move.

Her chances are best if:

  • her H doesn't care and won't fight it

OR

  • she can show how she will maintain any existing contact
AND
  • she can show how the move will be in the dcs best interests (eg. there will be family support in the new place, she has a job lined up, schools lined up etc.)

Courts are not keen on a parent moving in order to frustrate the dc's contact with the other parent. And sorry to say, violence towards the mother isn't necessarily going to be accepted as reason to cut contact between father and dcs.

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