Can I move area with children?

[OhWesternWind]

It's very likely that over the next year or so I will be moving area with the children to be near my family. This will be around a 2.5 hour drive away from where we are now and where ex lives.

I have asked my solicitor if he can stop us and she said no, as long as we stay in England/Wales there shouldn't be a problem. But I have read on another thread where someone was warned about their ex taking out a prohibited steps order to stop her moving away.

Can anyone help and clarify the situation for me?

Thanks to you all in advance.

Thanks for this and the useful link, Makemineapinot. Sounds like you had a great legal team and a great result. Like you I am really worried about both the children and the psychological effect that seeing the ex is having on them - or even of possibly having to see him, which at the moment is overhanging their weekends and causing them a huge amount of stress even though it hardly ever comes to fruition. (He cancelled a proposed visit for last weekend at the last minute as he was "busy" so all the tears and distress we had to go through on Friday was in vain - but it will be the same next weekend or the one after). I really feel the children would be so happy with a new start, and so would I, and you are quite right, he could keep in touch if he wanted to. I am so glad it has worked well for you and hope your ds will be able to come to terms with things soon.

My ex moved 272 miles away from where I was living, she did not have custody of the children she just thought it was a good thing to do (yes she was selfish) she gave no thought to the fact that the 4 children did not want to go anyway. BUT i travelled the 9 hrs, 544 mile round trip every 2 weeks untill i got custody of the children (ages at the time where) 6mths 17mths 3yrs and 5yrs old. ages now without mothers input or contact with children 8,9,11 and 13. If any absent parent wants contact with children THEY will make the effort no matter what. So even if you moved 250 miles away it is thier resoncibility to make the effort to see the children NOT yours so go for it and start a new life with your children , worry about you and the children and not anybody else I DID. Good luck. Also soz about late reply but my internet went down and has taken forever to sort out

my xh complained when i moved 45 minutes away and his only contact was once a fortnight when he would see the kids for a few hrs and then i had to provide money for activtes and food as he could not afford it!!amount of conatc wa shis choice and we lived within 10 mins walk.

Mine wrote reasons for leaving the dc wer ebeing bullied due to his fling witha 16 yo.his friends were known drug and drink users and known to police also where we lived bus serives wer enot wheelchair accesiable and i did not drive so ds3 was stuck unless i paid for taxis
.And i also wanted to move so ds3 could get better provison for his sn .Basically mine wrote and his told him on those grounds that nothing he could do especially as he owns a car and drives .And contact/ds3 hospital appointments well he does not bother as he said its to far for him to drive .

for us it was the best thing dc are thriving and ds3 no one recognises him since he has got proper sn education in a very good unit and gets input from other specialists now and is really taking of

Just want to clairify that if the issue of moving goes to court that a judge could make a decision to ask one of both of the parents to do the travelling.
This has happened in many cases as the law recognises the child's right to see both parents. (not the parents rights to see the children). If the PWC moves away from the other parent a court may order that the PWC does do at least 50% of the travel.

Another issue for the NRP is that the quality time with the children is usually impacted if the travelling parent doesn't have a base when they are with the children. Courts recognise this as well so are likely to award greater amounts of contact time so that the NRP is able to collect the DCs and take them to their home base.

In australia separated parents are prohibited from moving a certain distance apart as they recognise the potential impact to the children. I suspect UK laws might head in this direction

We moved and left the kids behind...Bliss!

houseproject

I offered to meet him halfway bearing in mine i would be doing my half on public transport so would take me around 90 mins each way ( whole drive is hour os so tops but i was trying to be reasonable but he still feels is to much to drive so does not bother

I invinted and made sure he got invite to ds3 assemblys and xmas one his respone its to far ok granted its probably around 2hrs by car so is not easy .But i live nearer yes but i had to use public transport and did 3 and 1/2 hrs each way to see ds assembly ditto every weds for a 30 min lesson so can help ds 3 ith his signing skills .Yet he claims to far and he has a car and can do door to door and back in less than 4 hrs to ds school (ds3 school is sn so not near local even to mee ~)

My trip door to door is just over 7 hr round trip .So he cant be bothered with a hr trip each way .So he does not have a leg to stand on if he ever bothers with court but thats not likely since last time he got solictor to write who suggested medation i was more than happy he refused so lost legal aid and since then zilch from him wont reply to emails/phinecalls and he has moved and i have no clue where he is and have no rights to know .Yet he knows where we live as apparentley as their father he has the right.Not that he sends them anytghing

There is no law preventing someone with Parental Responsibility from acting unilaterally and moving the children in England & Wales. If the other parent disagrees about an issue relating to Parental Responsibility it's open to them to apply for a court decision. The court then hears both sides of the story and, when agreement still cannot be reached, the judge imposes a ruling.

The courts have clearly stated it would normally be inappropriate to prevent the parent with the majority of care from moving in the UK, unless it's to somewhere inaccessible or there is a history of contact being denied and the motivation behind the move is a desire to frustrate contact further.

There are no hard and fast rules about traveling. It wouldn't be unreasonable for the parent who moved to do the bulk of the traveling if they can afford the expense. HOwever, the non resident parent can apply for a downwards variation to child support to help with the costs they entail for contact.

Children of separated parents often have poor long term outcomes when they live in families where there isn't enough money. Courts can therefore be reluctant to order the parent with the majority of care does the traveling when the other parent can afford the costs because it isn't in the best interests of the welfare of children.

It would be reasonable to investigate housing, employment and education in the place you want to move to and think about contact arrangements so that you can present your ex with well thought out practical proposals. The ball is then in his court to negotiate arrangements or oppose them and start proceedings.