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Relocation post divorce

3 replies

NeedAJobQuick · 09/09/2019 09:37

Have another thread up for people’s personal stories but for any legal thoughts wanted to post this too -

If I make an emergency specific issues order will CAFCASS become involved or might the judge make a judgement at the first (emergency) hearing?

Back story is CAFCASS we’re already involved when last at court for CAO.

If I advice XH about wish to relocate and he says he doesn’t agree but doesnt Male his own prohibitive steps order, can that be taken as consent?

OP posts:
Collaborate · 09/09/2019 10:30
  1. Quite possible if not likely that cafcass would be involved. I presume it wasn't mentioned during the previous proceedings.
  2. Judge won't make an order at the initial hearing unless by consent.
  3. All he has to do is say he doesn't consent to the relocation. HE won't need to apply for a PSO as it will already be before the court.
NeedAJobQuick · 09/09/2019 11:14

CAFCASS were involved during last proceedings and although there was no Section 7 they did produce a report regarding safeguarding satisfactorily being achieved through agreed course of action

Not sure what you mean about it already being before the court? You mean because there is an existing CAO?

So if I was to write to say that either he agrees to X (change of CAO to allow me to work) or that I will have to resort to doing Y (relocate) and propose Z to maintain contact and he objects but doesn’t apply for a PSO and I go anyway... then what?

OP posts:
MrsBertBibby · 11/09/2019 12:08

You really need to see a solicitor, it's a bit too involved for anyone to safely advise on here.

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