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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

6 replies

Kxw1 · 05/12/2016 13:24

I am looking to move 7 hours away from my current home with my son. I am unemployed and in rented where my landlord has said they will be selling the house. I cannot afford to live in the area. My parents are moving 7 hours away and looking to start a holiday home business. If i move with them I will have a home, job and family for support.
I will keep contact between my son and his dad by saying he can come to see him once a month and i willl travel back once a month with him. My ex is not amicable and will try to stop the move as much as he can. Has anyone experienced this and does anyone know the actual chances of him being able to stop me from moving?

OP posts:
MrsBertBibby · 05/12/2016 14:18

Are you in England/Wales? Will you be moving to somewhere elsw in E/W? Or to elsewhere in the UK?

Kxw1 · 05/12/2016 14:31

I am currently in England and there is a child arrangements order. I am looking to move to Scotland

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MrsBertBibby · 05/12/2016 21:52

Well you're going to need to apply to vary the CAO, are proceedings ongoing?

Ultimately the court is likely to let you take him, but it takes time. When do you have to vacate? And how old is your son? Will he ok with the move? Have you looked at schools/nurseries etc? Those travel plans are pretty unrealistic, tbh. How would everyone travel, could everyone afford it? Would longer holiday contact be feasible?

Kxw1 · 06/12/2016 07:29

My son is 2 so young enough for the move to not have much of an affect. There is a nursery with places available and local schools.
My parents are due to complete on a house early next year and my landlord wil be selling the one I'm in so I'll have til that sells before I need to move.
I'd be wiling to discuss contact with his dad but there are drink issues which may hinder things for him having longer contact.
There aren't proceedings at the moment as I didn't want to start them as I was worried about if the court would take my son off me and give him to his dad,I couldn't see how it could be justified but it is my biggest fear

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MrsBertBibby · 06/12/2016 08:06

That sounds extremely unlikely, unless your position is that you would move with or without him.

Are these alcohol issues evidenced by (eg) drink drive convictions, medical evidence etc?

You need to get this moving on that timeframe. Mediation first (unless you can convince the court it's too urgent, or can get a dv exemption)

Kxw1 · 06/12/2016 08:29

I would never move without him.
Unfortunately I had to call the police and leave the family home when we split due to his actions but I didn't press charges as I didn't want to antagonise the situation for my son so there's no record. The drinking isn't evidenced formally either although he has breached the current order to go out drinking and left my son with someone (I still don't know who).
How long can proceedings take?

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