Child Arrangements

[Ascparent]

After some advice for a family member.

Context: Three children between a divorced couple. Dad is a new relationship of 3 years and has moved in with partner and children in his home. Ex partner has a partner who lives 2 hours away. They have 3 children together from previous marriage- one has a send diagnosis.

There is a current child arrangement order which gives contact to dad every other weekend and a week night although Dad wants this increased and Mom has been open to increasing. There is a good relationship or has been between Mom and Dad and they have been looking at schools together for the child who has send needs.

Mom has now announced that she wants to explore schools closer to where her parents lives and intends to move there. Dad is devastated and he and his current partner remained in the area due to the location of his children and they have set their lives up there. Dad was desperate to increase contact which Mom had agreed to but is now backtracking and it feels there is some parental alienation going on.

Dad is looking at the best way forwards and is considering a prohibited steps order and is considering requesting a review of the child arrangement order as his position is actually more favourable on paper in terms of contact and family support.

Based on this info do you think it is likely Mom would be able to move or is dad in a position to challenge this if it came to
it?

Why is his position more favourable in terms of contact and family support?

From what I’ve heard, so long as good arrangements are in place for the move / there’s a good reason for it (eg her parents live there), courts don’t really like to restrict the ability to relocate within England. However, age of child, reasons etc all make a difference. May be worth thinking about an arrangement of every other weekend and making up some time over school holidays. I would say unless you think you have a good shot with the prohibited steps order, going down that route is likely to burn bridges.

Wanting to relocate though isn’t parental alienation in and of itself. How responsive has the ex been in terms of discussing how contact would work in the proposed scenario?

Sorry I didn’t make it clear when I put ‘parents live’ it isnt parents. It is her partner who lives there. Her parents live where she currently is.

The dad is desperate for more contact and wants 50/50 or something close to that however I see both sides of the argument and it’s a difficult one.