Ex filing for residency ..advice

[glitterwhip]

Hi I'm kinda new and I don't really have anyone else to ask from advice about this and is love to hear from some mums who've been through it
Anyway background I was with my ex for 12 years, we have 3 children...we split up 7 years ago
Currently I'm in a relationship with a wonderful guy and we are getting married in a week and also at the end of the month I'm moving to England..at the moment I'm in Northern Ireland
The relationship between my ex and I had not been great, a history of him maliciously contacting social services..they would come for a visit and ultimately just close the case
Now the latest thing is applying for residency 3 weeks before in due to move with my family
He's known for 6 months+ about this move as I sent him a letter via my solicitor outlining my plans and offering him alternative contact arrangements
Obviously I'm quite worried and I'm wondering should I be worried? Is there a chance he'll get residency of my children ..they are 16, 13 and 9

So essentially unless he is granted a prohibited steps order then I am free to leave with my children and return for court ..I don't need to seek his permission

Fuckyoucancer, the site you linked to refers to English law. These children, whether in England or Northern Ireland, will be subject to Northern Irish law.

Northern Ireland is part of the U.K. The law is the same

No. There are three separate jurisdictions, England & Wales, Scotland, and Northern Ireland.

Separate legal systems, although areas of overlap.

Although England and Wales is, of course, a separate jurisdiction from Northern Ireland and Scotland, no distinction has been draw by the courts or Parliament between relocation within the jurisdiction and relocation to another U.K. jurisdiction.

I don't know about the detail of family law in NI vs England, but it's not the case that "the law is the same" because NI is part of the UK.

England & Wales, Scotland and Northern Ireland are all separate jurisdictions within the UK. In basic terms, this means that the law isn't the same.

Yes, that is a statement of the law in England and Wales. Not of the law in Scotland, or Northern Ireland.

The case law that the site describes is English case law, not Scottish, or Northern Irish, so it doesn't have much bearing on your case.

So, carry on listening to your Northern Irish Solicitor, who no doubt knows what she's doing. Good luck, and enjoy your wedding!

A person can move freely within any jurisdiction of the U.K. Unless there's a prohibited steps order or other court order preventing them from doing so
I could pack up with my children and leave tomoro, I didn't have to take my ex's feelings into account at all but I did!
my children come first and I wanted to make sure that they have continued contact
I'm really unsure as to why I'm being given the amount of flack that I am tbh

I'll be sure to make sure I check she has a law degree at least

Findingtheredshoes I'm not in anyway disputing that they are separate jurisdictions but it clearly states that when it comes to relocating from one uk jurisdiction to another the law sees no distinction

Fuckyoucancer I'm not disputing at all what you've said ...I understand that I can't move if there is an order in place but there currently isn't one

Sorry ..I didn't realise that your post wasn't for me specifically ..I didn't want to go digging out links as I assumed the advice of 2 separate solicitors would be enough ..clearly not
Thanks

Glitter, I'm not giving you flak, nor am I trying to tell you you can't move your kids to England. I am just saying that everything in that link is English, not NI law, so it is not relevant to your case.

Just listen to your NI lawyer when you see her Monday, and I hope all goes well. I'm sure it will.

This thread would give anyone a headache lol I do apologise! ..feel better soon

Thanks mrsbertie im certainly not taking any of it personally ..i appreciate it

No worries glitter. Hope this is all behind you very soon.

I've just been through court with similar aged children. The sixteen year old wasn't really involved as too old for the courts to intervene and the 13 and 10 yo's views were pretty much what was granted. I made it very clear that I fully supported their relationship with their dad and understood it was very important for them to have as much time with him as they wanted and that as resident parent, I was willing to be flexible to support that. But then it was all about what the children wanted.

Loads of people on here like to scare the shit out of you (I couldn't read mumsnet while I was in the midst of it all) But in my case, it was pretty straightforward as it was obvious my ex was being unreasonable and the kids could articulate why they wanted what they wanted in a sensible manner.
Some people seem to think court is a mechanism where you get to impose your will on the whole family regardless of what anyone else wants. I think that's a high risk strategy and can really backfire. Your ex might be better advised to engage in some dialogue and work towards a solution that accommodates everyone.