Moving house and NRP contact

[Littlemissindependent]

NRP has contact supposedly EOW, Sat morning until Sun afternoon. I am hoping to move around 30 miles away. If I still make sure that dd is taken to his and collected, so he doesn't have to go out of his way any more than he currently does, can he do anything to stop me from moving?

If the father has PR, you would also need to consult him on any change of school.
But no, I cannot see that any court would prevent a move of 30 miles.

Dd is only 3 and not yet attending school so unsure if that would make a difference?

You don't.

Do tell us what legal qualifications you have that mean you know better than babybarrister? She is a barrister. And she is right. Having PR means you have the right to a say in where your child lives.

+1 re babybarrister, who really knows her stuff.

Just out of interest, if the NRP who has PR but refuses contact, can they stop you moving/immigrating, if reasonable notice is given?
Or is the NRP just allowed to say no out of spite?

If the NRP doesn't give permission RP can apply to court for a decision.

Sorry, only just seen these replies. Ok. NRP is in forces so for 13 days/nights out of 14 he's actually over 400 miles away. As I say, the move won't affect his contact time with DD at all, but he has form for being petty and spiteful and this is what worries me. By moving I would be in a better position financially and able to do more for DD, and I believe she would have a better quality of life. If he does kick off and try to stop it, and I did have to take it back to court, is there any reason why the courts would not allow it? The move is only 30 miles, not 300!

The courts will only block the move if it is not in your daughter's best interests, e.g. you were moving in an attempt to frustrate contact. On the information you have given here it seems that you can show that the move will be beneficial for your daughter and won't affect contact. If that is the case it is unlikely that your ex would be able to persuade the courts to block your move.

Thanks. I have a free consultation with a solicitor this evening so hopefully they can put my mind at rest. As I say, I genuinely feel this move will benefit my DD, she will be able to do more sessions at preschool, I will be in a much more secure financial position and it will have absolutely zero impact on exs contact time with dd. I just have to hope he doesn't decide to be spiteful and awkward purely because he can

I suggest you start by informing him of the move. See how he responds. It might well be that he hasn't got a problem with it.

Thank you for all the good advice on here. Just left the solicitor who has told me ex absolutely would NOT succeed in blocking my move as it's in my dds best interests. He's also advised me to apply for a c79 (?) asap as ex rarely sticks to child arrangement order. Feeling more positive now!

C79 is the form used to apply for enforcement of the CAO.

That explains a lot. Ex has been telling me for past 2 years that as he was the petitioner then the terms on the CAO didn't apply to him if he broke them, only to me!

Court orders are usually worded so that it's the RP that has to make the child available, not the NRP who has to take up the contact. Perhaps that's what he means. You'd only apply for enforcement if the order says he must do something and he doesn't do it.

I've just had a c79 rejected by the court as the CAO was on me to make child available. Not for father to bring her back at agreed times (ie not 3 days late) so I would carefully check the wording in the order and maybe apply to vary it to ensure it is enforceable.