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Legal matters

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I want to move and take our son with me

9 replies

RedbullOverIce · 01/11/2021 18:05

I think that me and my husband may be getting divorced and I need to know where I stand.

I moved from my home county to my husband's county ten years ago and we live in a one bedroom Housing Association property.

I'm thinking that if we split I will move back in with my parents in my home county and take our son with me, our son is 18 months old.

Neither of us drive and my husband is physically disabled and so him getting the train to visit our son would be diffficult.

The train journey would take two hours each way.

How likely is it that I will be ordered to take our son to see his dad when it is his turn to have contact? Also could I be legally stopped from moving if my husband was so inclined?

There's no DV or other abuse but our relationship is breaking down.

OP posts:
MyDcAreMarvel · 01/11/2021 18:10

If your son is British you can’t just live to your home country without his fathers consent. That would be child abduction.

RedbullOverIce · 01/11/2021 18:10

@MyDcAreMarvel

If your son is British you can’t just live to your home country without his fathers consent. That would be child abduction.
County, not country.
OP posts:
BruceAndNosh · 01/11/2021 18:11

County not country

VeniVidiWeeWee · 01/11/2021 18:12

@MyDcAreMarvel

The OP specified county, not country.

MintJulia · 01/11/2021 18:13

County not Country?

In the UK, the courts could prohibit you from moving away from your dh. Your child has the right to a meaningful relationship with both parents, and any future arrangements would be expected to support that.

They might expect you to facilitate that by taking your dc to their father every other weekend.

CiaoForDiNiaoSaur · 01/11/2021 18:14

He could apply for a prohibited steps order (I think that's the name) to stop you moving away. Whether he'd be successful is anyone's guess. I've heard so many conflicting stories.
And yes you may well be expected to do the travel if you move away.

CurlsLDN · 01/11/2021 18:15

Op said county, not country.

Op usually the parent who moves away is the one who has to travel, so think very carefully about this.

Also consider, in the long term, is it in your son's best interest to have to do all that travelling every other week or whatever? And for him, is the support of your family really better than the support of his dad?

I say this as a single mum whose exh moved a similar distance away after we split. Ds lives with me and every other weekend exh has to drive back and forth to see him, staying in hotels. It is certainly not in the best interests of our son for his dad to be so distant

MyDcAreMarvel · 01/11/2021 20:51

Sorry op , I am sure I need reading glasses Blush

M0rT · 01/11/2021 20:58

Can you afford/would you be housed in your own place if you move out?
If you don't have any other options you will have to move back to your parents.
I would look at your options from a housing perspective where you are so that if he does try to prevent the move you can demonstrate it is at need rather than will.
Sorry your having to work all this out, it's tough to break up after so long with a toddler.

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