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CAFCAS advice / divorced parents

8 replies

Chantelle00 · 05/07/2021 23:12

Hi ladies,

I’ve been doing a LOT of browsing & research so here is me hoping that someone has gone through something similar and can offer some advice based on experience.

Long story short, by brother divorced his wife after a rather difficult marriage.
They ended up in relatively good terms and decided to coparent and split their time with the kids 50% living separated (they have 2 kids, 6& 4y old) however my sister in law has now decided to move 5h away to live with her new husband, have full custody of the kids and potentially allow him to see the kids now and again on school holidays etc
Sadly, she’s always been quite manipulative and never keeps her word so my brother is concerned that he will never see his little girls again; they have tried mediation, and the next thing that follows is cafcas and family court.

All that my brother wants is for things to remain as they are, split parenting and girls to have access to both their parents but we are concerned that courts may favour the mum and allow her to move away.

Just to add, he is actively involved on their education, hobbies, etc and they absolutely adore their daddy!

What can he do to convince Cafcas (and consequently a judge ) that it’s on the girls best interest to remain close to both their parents??
Any advice or even if it’s just personal experience with something similar would be greatly appreciated!

Many thanks,

OP posts:
ThisMustBeMyDream · 05/07/2021 23:21

Just remain child focused.
Reasons why it would be best for the children to remain in the current status quo.
It is down to the mother to prove why it would be better for the children to move.

Chantelle00 · 06/07/2021 09:21

Thank you so much! That’s definitely the plan, to outline that it is NOT in the best interest of the children to move away from their dad and extended family & friends. We are just concerned that the X is going to manipulate the whole situation, saying that she will be able to provide a better financial security given that she’s moving up north where housing etc is more affordable.
Whilst no one can argue that, the girls have a more stable and secure support family network with their dad and the only reason why the mum wants to move away is to be with her new partner! I can’t see how a judge would see thats in the best interest of the children when it’s so clear to me that she’s just acting from a selfish stand point. She can also afford solicitors, barrister etc so I suspect that will also help her win the case…

OP posts:
ThisMustBeMyDream · 06/07/2021 09:51

Tell him to go to Children's Rights UK on Facebook for good advice Smile

Is she moving away from the maternal family too?

Chantelle00 · 06/07/2021 10:15

Thanks for the tip, will definitely check it out!

Yes, she’s planning on moving away from her entire family as well which is really bonkers!

OP posts:
ThisMustBeMyDream · 06/07/2021 11:19

I think that will probably make it more difficult for her to argue that it is in the best interest of the children for them to move with her. She is, of course, free to move. But the children need to be protected in the circumstances.

Mani2021 · 08/07/2021 21:55

These cases are finely balanced but from what you say, mum doesn’t have a solid case. Can your brother afford legal fees at all? I’d be happy to help him and I offer a free 30min call anyway. Let me know.

Chantelle00 · 08/07/2021 23:29

Thank you and so happy to see that someone thinks that she doesn’t have a solid case!

Yes, I believe he spoke to a couple of lawyers but I’ll definitely check with him over the weekend and let you know. What’s the best way to reach out to you (assuming that you wouldn’t share your details on here)

OP posts:
Mani2021 · 09/07/2021 12:09

I've sent you a private msg :)

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