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Original poster

Prohibited steps order

20 replies

Miri85 · 29/05/2013 22:07

Hi

My name is Miranda and on Friday we have a second hearing regarding a prohibited steps order applied for by my ex husband. I am moving to Oxford with my new partner of 2 years and am taking my 6 year old daughter with me.

At present we have files statements to the court and want to know what happens next. The judge is aware of our time constraints as we are moving in late July but we would like to know what to expect at the second hearing.

PLEASE HELP

Thank you xx

OP posts:
Bossybritches22 · 30/05/2013 06:12

Bumping for legal crowd.

Original poster
Miri85 · 30/05/2013 10:06

I don't understand what that means? I'm just looking for some help

OP posts:
MNHQ
KateSMumsnet · 30/05/2013 12:49

Hello all,

We're going to move this to legal matters at the request of the OP.

RedHelenB · 30/05/2013 13:59

How far away are you moving from the father? Have you thought out options for contact?

Original poster
Miri85 · 30/05/2013 14:47

Hi, we are moving around 150 miles. We have suggested that the father sees his daughter every other weekend and for 50% of her holiday time.

OP posts:
Bossybritches22 · 30/05/2013 16:02

Sorry to confuse OP Grin

Just saw this in "unanswered threads" & bumped it to get some more help, as I couldn't offer any useful suggestions- hope moving it to legal gets a response!

Collaborate · 30/05/2013 16:59

The judge will see from the statements what the issues are. May order a cafcass report (google it), or simply set it down for a hearing. May order you to file further evidence - you'll need to state your plans for housing, schooling, work etc.

balia · 30/05/2013 17:47

What are the current contact arrangements?

Original poster
Miri85 · 30/05/2013 20:12

Ok so judge has already dismissed a cafcass reports as he said it was not needed. We have work, rent so have not secured property an schools will follow. Current arrangements are father sees daughter from Saturday night until Tuesday xx

OP posts:
Original poster
Miri85 · 30/05/2013 20:14

Oh and from the statement the judge is aware of our plans for work and housing e. c. T

OP posts:
Original poster
Miri85 · 30/05/2013 20:22

We're just dying to know if we will get a decision

OP posts:
MrsBertBibby · 30/05/2013 20:26

What time has been allocated to the hearing?

Original poster
Miri85 · 30/05/2013 21:47

Hearing is at 2pm

OP posts:
Spero · 30/05/2013 21:53

The court is probably hoping you will reach agreement without need for a fight. You could only realistically have a contested hearing at 2pm if you were both prepared to do it on submissions I.e. just speeches, or cross examining each other.

But I suppose if yo keep,the evidence very short you could fit it in - courts generally don't want to sit much beyond 5pm.

Moving within England and Wales is usually allowed unless it is clear you are doing it just to be difficult, but if you have good reasons to move the court will not be keen to stop you. Just make it clear how you will continue to support contact. It is quite a long way to travel but it is not impossible to manage that kind of distance.

Spero · 30/05/2013 21:54

Sorry, that should read not cross examining each other.

Original poster
Miri85 · 30/05/2013 22:25

I really appreciate this last post it is ever so comforting

Thank you

OP posts:
MrsBertBibby · 31/05/2013 07:14

It would probably be helpful if you get details of local schools, and have information from them about whether there are likely to be spaces.

Of course you can't get a firm offer of a place until you have a home, but you need to show that you are on it, that you know what the schools there are like, and have preferences etc (and can give your ex some input to the choice of school.)

Spero · 31/05/2013 08:41

What the court will want to know is are you moving for a positive reason - job, family support, good schools, nicer house etc. not just on some whim to put many miles between you and ex.

Court will also need to see you are serious about maintaining contact - will you share travel, will you agree to phone/Skype contact during the week etc?

If you can tick both boxes I would be surprised if court refused you permission but obviously I can't give any definitive advice without knowing a lot more about yours and his arguments.

Hope it goes ok and you get a decision on the day, otherwise it might be a squeeze fitting in another hearing before July.

woozysoozy · 06/06/2013 12:27

hope it has gone well & you have managed to reach a decision - just a quick clarification - your ex has applied for prohibited steps order to stop you moving out of the area with your child not you yourself moving out of the area? is a residency order in place at present in your favour? I'm just wondering if he's contesting on the grounds of the loss of contact - at present it's pretty much a 50/50 split in terms of time and this would be reduced significantly by the proposed arrangement (i.e seeing the child every other week rather than every week). is she settled at the current school? if this is a work issue and relations have been amicable up until this point and the child herself has no anxieties toward the ex might it be feasible to swap positions so as you see her every other week instead? does he currently contribute towards her (CSA) etc?

Sorry if this sounds a little off, it really isn't meant to be! good luck OP hope all goes well.

katiebutler01 · 15/07/2017 17:08

I'm going through the same at the moment, section 7 report has been requested... Have you been through the whole process yet? How has it gone so far?

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