Child contact and moving away question

[Blendiful]

Looking for some advice/info for a friend.

They have 2 DC with different people. DC1 fully settled into a contact arrangement, no issues there.

DC2 however has very little contact (a few hours a couple of days after school) at their other parents say so. My friend has tried to take it slow and build it up to keep the peace and allow things to settle but it isn’t getting any better. Now the other parent has dropped the bombshell they want to move away. Not abroad but 3-3.5hrs away. If they do this, their other sibling plus their parent will have very very little contact, it wouldn’t be feasible or fair to drive the child 3-3.5hrs regularly, plus the commitment to contact with the other child is also a factor.

The other parent wants to move as they have friends and some family that live in the other area.

I have told my friend they need to see a solicitor/go to mediation about this. As this move is for the other parents benefit and not the child. There is nothing the new area would offer (e.g. it would not get them out of poverty or anything, in fact the new area is not good compared to the area lived in now) it would take them away from their parent and their only sibling and all they have ever known.

I would just like an idea of what the courts etc would think of this if there are any solicitors with experience/knowledge on it.

I work in this kind of field in one respect so have a little knowledge hence why they have spoken to me. I am of the thinking the courts wouldn’t want to agree the move, as it isn’t in the child’s best interests to move away from immediate family. What do others think?

It is very unusual for the courts to prevent a parent from moving. They will only do so if it is clear that the move is purely to frustrate contact. As the parent in question has good reasons for moving it is unlikely that the courts would prevent a move although they may delay it temporarily. However, the courts will want to ensure that proper arrangements for contact are in place. Given the distance involved, that is likely to mean less frequent contact but for longer periods.

Thankyou for your reply. I am intrigued as to how that would work, given the child being at school etc. It would mean contact would essentially have to be school holidays, for probably the entire period I guess?

Doesn’t seem right as they aren’t that frequent whereas current contact is every week twice a week.

Would the parent choosing to move be expected to facilitate the travelling?

Also the impact this has on maintenance surely isn’t right as the non resident parent is not choosing such infrequent contact. Seems an unfair system to me that’s all. But if that’s how it is, that’s just a bit pants.

I guess the other option is to apply for full custody/to be the resident parent?

Am I right in saying the child isn’t moving, just the NRP?
If that’s the case then they’re free to move.
If it goes to court then it MIGHT be ordered that they get a large chunk of visitation during school holidays and MAYBE each parent does one journey each. Or it might be differently ordered, no one can say for sure.

Oh wait....is your friend the NRP and it’s the RP who’s moving?
Then court can certainly stop the child moving unless it can be proven that the move will absolutely benefit the child.

Yes my friend is the NRP (not by choice) purely to take things slower with the RP who was anxious about the child being away from them. Before the split my friend was actually more of the RP as they work for themselves so did all the drop offs/pick ups and parenting whilst the now RP worked in a job away from home. However to keep the split amicable and allow the child to have what needed my friend moved from the home and left the now RP with everything and has been slowly building contact at their new place with the view of having 50/50 as they do with their other child.

Now the RP wants to move 3-3.5hrs away. There is no reason my friend could not provide full time care for the child at all, but they were purely trying to do what was best for the child by building up contact with a view they would get to see both parents equally. And now this. It seems very unfair.

There cannot be a change of school without consent of both parents.

He should apply for a child arrangements order and a specific issue order. the court can initially order that there should not be a change of school, though it is likely to be allowed if adequate contact arrangements are put in place.

Then your friend needs urgent legal advice!

Thanks, that’s what I have advised. They are going to call a solicitor today, but just wanted to check if I was way off the mark really. And I forgot about the change of school thing, so that’s useful too! Thankyou everyone

The court can prevent a move if it's not in the child's best interest. This happen to by BIL and ex SIL.

They had 50/50 shared contact (not court ordered just mutual agreement) but after break up ex SIL wanted to move back to her family approx 200 miles away and take dc with her.

BIL went to court and it was a specific issue order in relation to taking the child out of the jurisdiction. The exSIL had to prove why life would be better for the child in new place, what school they would attend, what support network existed. And also what would happen if the move didn't go ahead what would ex SIL do. ExSIL also had to suggest how contact would be maintained between BIL and DC.

BIL objected to the move and provided responding statements etc and the court ruled in his favour. The child cannot leave the jurisdiction as there was no benefit to the child to move. ExSIL had to settle where they were - or she could leave herself without the dc.DC was 5 at the time.

Deff get to a solicitor. It is much more normal these days for 50-50 to be the preferred parenting route from the courts and especially if the children are settled.

That’s really reassuring to hear and sounds like a specific issue order is going to be the way forwards. Just need to help them figure out the cost now.

That issue you described is very similar to my friends and the child is similar age too.

There would be no benefit to the child other than being closer to extended family on one parents side, however they have always lived that far away his entire life and it was never an issue before and the RP has space for them to visit and stay over if wanted. And I don’t believe seeing grandparents/auntys/uncles etc could possibly be more Important than seeing their parent and sibling regularly. The siblings are extremely close.

There is nothing other than that which would benefit the child to move. They attend a good school here which is walking distance from both parents. There is other extended family on the NRP side who all live very local too.

Time to find a decent solicitor now.

And to add weight the ExSIL was engaged to someone in hometown 200 miles away. She's claimed her mental
Health would be impacted if she didn't go (very common argument). Courts still said no to the child moving. Though we always thought the engagement was more for convenience of the court case more than anything. They broke up soon after.

Wishing luck to your friend.