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Moving to another County Advice very much appreciated anyone been through it?!

3 replies

Petandzar · 15/04/2012 22:29

Hi all!
I am new to the site, and really needing some help and advice from anybody who has been through my situation!
My little girl is five, and her daddy is of Muslim descent, when we were together, we always said we would let her make her own mind up on religion, however we split three years ago, and over the last two years, the pressure hs family and him have put on her as been immense, lately telling her she has to pray o god will punish her..it has been the worst time ever, she has come home distraught,saying they force her to wear a head scarf, I tried mentioning it, he denys it, says my daughter making up.
Anyway, in January,it all came to a head, and I went round to pick her up after visitation, and an incident occurred where he raised his hand to me, tried to pull my daughter back in his house by her arm, an awful scene, which really upset my child.
I ended up taking him to court,as I was so scared he would take her out of the country also as he threatened to do so. He has ony just got back his visits, and I didn't really feel cafcass or court listened to how the religious aspect is upsetting my daughter,don't think they wanted to get involved to be honest.
Anyway, I just wanted to give you an insight, my main question is this, as this message is in the legal section..I have a new partner of two years, who lives in Essex, and I want to move there after the end of summer term,I put this in my statement for court,my ex has seen this, and opposes it, and says he will go for full custody if I move, I can go, but she has to stay here with him.
Could somebody please advice me, will he really get full custody, if I have mainly been primary carer since birth, and my daughter has lived with me since end of 2009 on our own?
Also, would a court really stop me from moving? When it came up in court, the judge said to my ex's solicitor, that he wold have to put an opposition in, and it's very rare, and only under exceptional circumstances, I just wonder what these circumstances are? I am offering contact to my ex regularly when I move, I cannot stay where I am, as he has turned up at my home so many times, and I'm always on pins, plus the area I live is so bad, for everything, and where I want to live is clean, great education, houses etc..
I really just want someone's advice who may have been where I am right now!!
Thankyou for reading ladies,hope someone can help!! X

OP posts:
STIDW · 16/04/2012 00:09

Based upon what you have written it's unlikely the courts will order a change of residence. It's always an uphill struggle changing the status quo unless there is evidence from school, social services etc that children aren't surviving satisfactorily.

There have been cases when permission from courts to relocate children in the UK hasn't been granted because the parent with the majority of care has wanted to move to somewhere inaccessible or it has been found the motivation for the move was to frustrate contact. Also if parents share looking after children 50:50, or almost 50:50, as it may be deemed less disruptive to schooling and established relationships with friends and extended family for them to to live with the parent who isn't moving.

As far as religion is concerned it is generally agreed that until children are old enough to make up their own minds growing up experiencing both parents religion and culture leads to security about their identity and heritage which in turn helps develop self esteem.

Bear in mind if you do move the courts may order extra contact during the school holidays and half terms to compensate for any reduction in the amount of contact. Also someone who does move away maybe expected to do a significant amount of the traveling to facilitate contact and pay for it.

babybarrister · 16/04/2012 13:24

This reply has been deleted

Message withdrawn at poster's request.

Petandzar · 16/04/2012 14:23

Thankyou for your help, I appreciate it, do you both have legal experience? I am going in with the proposal that he can continue to see our daughter alternate weekends, one I will return to Lancashire, the other he will meet up with our daughter at his family's home which is located 35minutes from where I will be
Living. I have proposed this, as I think it is better for our child than travelling so much in four weeks,she will get tired, and he gets more time with her, if she is Lancashire, she would have to leave him about 3pm on the Sunday, if he's in Essex, she can stay with him till around 7pm on the Sunday.
If he does not want to meet in Essex, I will propose once a month, meet halfway, and make up the 22 days he will be missing in the holidays.
I think this is quite fair, and I have thought about my daughter not travelling s much, which will be more disruptive when she has homework etc...to do, what do you think?
I was more optimistic when the Judge said to his solicitor "your client will need to put in an opposition,let it be mown this is very rare, and we would only consider exceptional circumstances, not knowing what these circumstances ate, makes it hard Confused
I just hope a Judge can see I am trying to promote similar contact, my ex has my daughter as I said alternate weekends, which have just started again, and he sees her 4 week days in the month too, but I wanted two, felt pressured into the four, he forces her to go in mosque those days, and while I agree with you children should be shown culture and religion, she is always upsets nd doesn't want to wear a scarf, it's very hard. :(

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