Family law question regarding PSO

[Curiousmama]

Dp and I are moving to another place, a village 30 miles away. It means dss will change schools which ds1 is all for and ds2 (who's 9) wants to do one day and not the next. Exdh wants the boys to stay with him during the week now and stay at their schools. We share care at the moment so I can understand his worry in one way but he'd have them on weekends and can see them whenever he wants during the week.

I spoke to ex on the phone tonight and we had a blazing row. He said it'll be bad for the boys and he isn't accepting it etc...
It's actually a better place, by the sea, smaller community plus lots of other positives. Plus we'll have a small mortgage as dp already owns this house and is in a good steady job. Ex has remortgaged the family home up to the hilt, his work is sporadic (solicitor but can't work as one...long story) plus he is very unhygenic at home and doesn't encourage cleanliness in the boys. In fact ds2 never bathes there! There's no way I could let him be responsible for the welfare during school week.

I'm so worried though and wonder if he can stop me? They're going to his tomorrow night and I know they'll be grilled. Ds1 is a very mature 12 year old who is adamant we're going as he loves the place.

I'm just so sick of the worry and haven't slept right for days. I'm going to see my solicitor (family lawyer) as soon as possible but just wondered if anyone can give advice? I've been told he may go for PSO.
TIA

This depends on the age of the children, how long have you been separated, the current arrangement and how long has it been in place.

Both parents have parental responsibility and are regarded as equals in the eye of the law. If there is disagreement about living arrangements, where children should be educated or medical treatment it is open to either parent to apply to court for a specific issue or PSO to resolve matters. SIOs are a more positive way to resolve issues and an application for a PSO may in certain circumstances be viewed as aggressive and controlling. From the applicants view point the application might be seen as a way of ensuring their voice is heard and proper arrangements are in place before the move.

When the established arrangement is shared care 50:50 the children live equally in two homes. If one parent moves it might be determined that it's less disruptive to a child's sense of security and established bonds to live with the parent who isn't moving so that education and relationships with friends and extended family might continue. Sometimes though it isn't practical and the parent cannot look after the children for the majority of time because of work commitments etc.

If care is shared in different proportions from 50:50 it is likely that it would be deemed in the interests of children to remain in the care of the parent who looks after them for the majority of the time.

Thanks for that STIDW. The boys are 12 and almost 10. 12 year old is adamant and 10 year old wants to move too just unsure of school but that's understandable. When he realised it may be a no no he said he does want to go just worrying about the school.
Yes we try to share care 50:50 but it's very erratic with ex's work and they have no routine to speak of. I really feel it'd be better with more of a fixed routine and will fight my case if he does make this go to court.

this is a good article. It sets out what you would need to prove to fight a PSO and although the article focuses more on an overseas move, the same guidlines apply. am currently fighting a PSO as my ex is trying to prevent us moving home to Scotland. You ahve to prove you are not moving out of spite and have very considered reasons for doing so that can only beenefit thw=e children. Your children are old enough for their wishes and feelings to be taken into account (my dc were interviewed by CAFCASS for thier wishes and feelings and they are 7 & 8). Any more questions, just ask!! I ma in court for the final hearing on Friday....

Good luck to you Leslaki I hope it all comes right.

I've seen my family lawyer today and it's excellent news Basically he can't do anything as I'm very fair with concact ect... Plus it won't affect his financial status (what their is of it )

I'm so happy today and will be celebrating tonight then friday with the girls.

Also my divorce is through in September So I'll move then and also be able to remarry although that'll be next year, probably spring.

Thanks for all your advice everyone.

meant contact....am very tired only got 3 hours last night. Have a feeling I'll be sleeping tonight