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Legal matters

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can the father of my children stop me moving

93 replies

mickie2011uk · 17/07/2011 22:55

can the father of my children stop me moving from coventry to brighton ???

OP posts:
mickie2011uk · 18/07/2011 08:54

use arent judges though use r parents giving advice and yes i have been judged and people saying they find it starbge i dont want live by myself when they dont no the facts and that i have an erractic life style and i'm very dependent on people and i told my x because i wanted to be honest i think he has right 2 know and y would i tell coventry council i'm going to be homless when i dont want to b here ??

OP posts:
ShoutyHamster · 18/07/2011 09:03

A court order to stop them moving out of the COUNTY, not the country!! It's quite possible that he could get a court order to stop you moving that distance.

Slow down. You're getting GREAT advice here, if you sit back and think about it. If your ex took you to court, these are EXACTLY the questions that would be thrown at you! Lots of stuff you haven't even thought of - because (I have no doubt) you're a good mum, and to you, the question of whether your ex would be the better carer is ridiculous.

But in court this is EXACTLY the kind of attitude you would face. And if you got angry and insulted at the feeling that they were actually questioning your parenting, and gave some of the sharp replies you've given here, you would come across REALLY badly. You DON'T want to do that!!!

You have to think the way the court would think, and put your pride aside.

So. Suggestions. The first thing that occurs to me is the same thing that many of the others have said. On the face of it, your ex, with his flat and alredy having one child 'successfully' living with him (yes the reality might be quite different, but you won't be able to prove that, and if you accuse him of stuff you can't back up, you will look bad) - he looks fairly stable.

Your situation looks less stable, because you are relying on others. Yes, the reality is that you know you would have better support with your sister, but you need to think THEIR way. And they will be thinking, 'Can she cope? Is she just leaning on others?'

I have two suggestions:

  1. That you try and head off all this court stuff before it even happens. I don't know how friendly you are with your ex, but if you can, meet with him to discuss this. Talk in terms of your TEMPORARY move to be with your sister in Brighton. Tell him that what you want long-term is for your children to live close to him, so the siblings will grow up together. But right now, the best thing FINANCIALLY for both of you as parents is for you to go to be with your sister. Tell him you really don't want to have to lean on him financially, you don't want to have to start asking for more maintenance or go to the CSA (Wink) - so right now, you want to move down to Brighton, save some cash, have help with the kids while you do some training, anything. Then your plan is to come back to Coventry once you're on your feet. Make sure you say that the only end result of him going to court would be him being made to pay more for the kids, with residence most likely to stay with you anyway. A court order might not be too good for him either!
  1. The suggestion that you report yourself homeless is a good one. Get to Shelter or CAB, go to the council and say that your parents are kicking you out. You will get housed more quickly. I know that this isn't really your plan - that you want to go to Brighton - but it does give you a home of your own, and in the end that is actually going to give you more support and stability than being at your sister's place, isn't it? Think about it - if you go to hers, then you'll still not have a home of your own for yourself and your children. Also, you'll have to start finding money for contact trips, which will be expensive, and you'll make the relationship between yourself and your ex lots worse. I'm guessing he's an arse (!) - but the reality is you're going to have to have him in your life... so why not be clever and do your best to turn him into a pussycat? Sooo much easier to deal with!! :) - 'Your relationship with the kids is more important to me than going away - so I'm going to do my best to find a place here.' Flatter flatter. If you're smart, you want to turn that pain in the butt of an ex into someone who's not going to spend their life hassling you, as well as a free babysitting service, don't you? Grin This would be the best way to do that, plus as I said you actually get a home of your own. Going to Brighton wouldn't give you that.

Best of luck! I think you will do JUST FINE - keep your wits about you and stay cool, and THINK about all the options. They are out there for you!

GypsyMoth · 18/07/2011 09:11

Have you looked into the rent assist scheme some councils run? They provide the bond/advance rent.

Maybe near your sister? Her local council may run the scheme.

Good luck!

mickie2011uk · 18/07/2011 09:14

people werent saying those comments as an example of what a judge would say they were jugdeing me and y dont i just reprt myself homeless in brighton ???

OP posts:
mickie2011uk · 18/07/2011 09:17

what i was gonna do is go 2 brighton and report myself homeless because they should give me emergencey accomadation because i have connection in that councils area this isnt just a whim i have been on shelters website ect befor and i'm going 2 ring brighton and hove council and see what they say .

OP posts:
BooyHoo · 18/07/2011 09:18

sorry you think you have been judged here mickie. it wasn't my intention and from what i have read of other posts, i dont think it was anyone else's intention. what you need to remember is that many of us here (myself included) have experience of this very thing, both in court and out of. we are giving you the benefit of that experience. the reality is that court and all the associated hoo haa is not a comfortable experience. you will be stressed and tensions will run high, but you will have to have thought of your answers to these questions. you can't simply go in and say you are moving because you want to. the court need to hear that your move is in the best interests of your dcs.

can i just ask, you mention that your ex is constantly under the influence of drugs. on the weekends that you bring the dcs to visit him, will the dcs be staying with him while you are at your cousins or will you all be staying at your cousin's?

mickie2011uk · 18/07/2011 09:23

there b staying there but he has 2 have his mum there thats the contact arrangements now i'm not being funny but some 1 put in a comment i no you didnt ask tis ect so think some people did know there comments were at risk of offending me

OP posts:
BooyHoo · 18/07/2011 09:27

yes that was me and it wasn't asked to cause offence, nor did i expect it would. as i said, the reality of court is that you need to have thought about all these questions and your answers in advance. it is better for you to be faced with them now and get the 'offence' out of your system before you go to court. you cannot react like this in court. i understand it is hard to be faced with this and feel like you are being judged but if you chose to take your children away from their parent then you need to be able to justify it and that means having your reasons questioned.

BooyHoo · 18/07/2011 09:28

choose

mickie2011uk · 18/07/2011 09:34

yh thats fine a judge will ask me but no 1 said oh this is an example of what a judge would say u need to build your defence up ect it felt like people were directly firing insults about me and judging me .

OP posts:
nojustificationneeded · 18/07/2011 09:38

This reply has been deleted

Message withdrawn at poster's request.

GypsyMoth · 18/07/2011 09:56

You don't need a connection if you are in a hostel. I didn't anyway. You can go on one council list as homeless, one only. And I chose an area with NO connection.

Mickie, I would worry that Brighton is one if the most popular places in uk to live, therefore very, very low on housing stock.

mickie2011uk · 18/07/2011 09:57

my sister x

OP posts:
mickie2011uk · 18/07/2011 10:04

i've just rang there council they sed its highly likely i would get emergencey accomadation because off my connection but cant say for deffo intil i go down there face 2 face x

OP posts:
GypsyMoth · 18/07/2011 10:09

So will you take the chance? Doesn't sound like you've got much to lose.

I was in a hostel for a year with 4 kids. It's not so bad. And you'll be near someone for support.

mickie2011uk · 18/07/2011 10:20

the way see it is i can go in hostel in coventry with no support and still having crap off my x and his family or i can go to brighton and go into a hostel there with support and yeah there sounds like theres a chance x

OP posts:
babybarrister · 18/07/2011 10:40

This reply has been deleted

Message withdrawn at poster's request.

MumblingRagDoll · 18/07/2011 10:40

Go with your instinct...and remember o come back here if you need advice....it sounds like yo wznt to be in Brighton.

Collaborate · 18/07/2011 10:44

Am I the only one who's going to tell the OP that it's highly unlikely he'll get a prohibited steps order preventing her taking the child somewhere else in the country? These orders are most unusual, and usually only concern cases where a mother is running away from say an investigation into her parenting, or runnig away just to get away from the father.

OP - my advice above (and by the way I am a family law solicitor) doesn't mean to say that such a move wouldn't count against you if the father decides to apply for residence. But that wasn't your original question.

Oh, and please please please don't use text speak. It's lazy, bloody annoying, and doesn't present you in the best light.

mickie2011uk · 18/07/2011 10:52

so it's highly unlikely he would be able to stop me in the first place , i've made my disicion i'm going to brighton ,he doesnt seem that bad this morning he's just being arkward with his daughters access know x

OP posts:
Malcontentinthemiddle · 18/07/2011 10:55

Poor bugger.

mickie2011uk · 18/07/2011 11:03

???

OP posts:
Malcontentinthemiddle · 18/07/2011 11:09

Just feel a bit sorry for him, his daughter moving so far away and there not being a lot he can do about it! I know your situation is complex and not what you would necessarily chose, but this must be pretty difficult for him!

GypsyMoth · 18/07/2011 11:16

Erm, he KICKED them both out. I have no sympathy really. Unless his version of events are different, but we will never know

GypsyMoth · 18/07/2011 11:18

Or was that your mum?? Confused. Anyway, sounds like you will facilitate contact with him.