moving country can he stop her ?

[woollyandtig]

Asking on behalf of a friend .
she has 2 dc with her exh they split up 3 years ago he see's the kids rarely and pays no maintenance , they have no custody agreement.
Friend is from Scotland but moved to England shortly after birth of 1st dc , she is desperate to move back to Scotland to be close to her family and friends. Can he stop her ?
If not how should she go about doing it.
Should add he isn't a pleasant man he was violent to her and has recently been to prison.

Generally speak he could apply for a Prohibited Steps Order to stop your friend from moving. However providing adequate provision is made to maintain contact between DC and her ex (and considering he doesn't bother now would he really when they move away?) and that she can prove that the move will improve the quality of hers and her DCs lives by moving then it's likely the courts will allow the move.

Oh sorry I never answered the second question.

Really she should inform him of her intention to move and give him time to make a decision about trying to stop her or not through legal channels but honestly if it was me, given the situation (and this probably isn't the best advice) I would pack up and leave without saying a word. I'd tell him once we were gone but that's just me.

I think within the UK she's ok? I would double check though

Maybe temporarily but unless he has an amazing reason why her moving would prevent contact, she will be allowed to go. He doesn't see the kids much anyway so maybe he should do the right thing and let them move.