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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Ex says he'll take me to court over relocation

117 replies

happyfrog1 · 02/05/2024 08:41

I broke up with my ex four years ago. It was a bad relationship, some coercive control, a lot of gaslighting, sexual coercion, although he would never see it like this or fully admit it. When we split, we informally agreed 50/50 share care of DS, who is now 10. I was pretty broken by the end of it, and perhaps if I'd felt stronger, I'd have sought legal advice or advocated for more custody - but I felt by then that the only thing ex cared about was our child and I had to let him have 50/50. Perhaps worth saying my ex left his first wife many years ago and two children who he doesn't have much to do with, so he sees our DS as his second chance.

Fast forward 4 years - ex lives 10 minutes away with his GF. We still do 50/50 though I do more - all the organising, admin. I'm with someone very kind and supportive who lives an hour away, and I would like to move in the end to be with him, before DS starts secondary school (15 months away). He has 3 children and complicated custody arrangements so moving to him seems like the best option. Not to mention the area is nicer / safer than where I live. I also live in a shared ownership property where the service charge is being hiked. It rose £300 a month last month, and long term it is not an option to stay there. I can't afford to buy outright in London - impossible as a single mother, even though I earn well. My ex, with no consultation with me, is retiring in October - he's ten years older than me. I feel this is negligent of our son's needs and puts the financial burden long term onto me.

I gently mentioned this possible move to my ex a few weeks ago, suggesting a reconfiguration of weekends (or most weekends) and school holidays with him, school time with me. It was all very tentative but he wasn't happy. He suggested that I move and he had full custody. We hadn't talked about it since, but yesterday when he came to collect DS, he said he would take me to court over it - while DS was in the other room, packing his bag. It was quite a shock.

I know DS needs are central to all this and I don't know how he would feel about moving. I know he likes my partner and his children. We've been away together and spent lots of time with each other. I hadn't asked DS because I wanted to get his dad on side. Now it seems like this won't happen, and I wonder if I should just forget it - accept I have to stay in London for the next 6/7 years. But mostly I feel triggered and very upset by my ex telling me what I can't / can't do again.

Does anyone have experience of court cases and relocation? I'm not sure I can face it.

OP posts:
Sizzle7654 · 02/05/2024 08:45

Would you be happy for your Ex to move a hour away and take your child with him? If the answers no you should understand your exs concern

happyfrog1 · 02/05/2024 08:47

I do understand his concern, and no I wouldn't be happy. It's more a what-do-I-do now post

OP posts:
happyfrog1 · 02/05/2024 08:48

happyfrog1 · 02/05/2024 08:47

I do understand his concern, and no I wouldn't be happy. It's more a what-do-I-do now post

I do understand his concern, and no I wouldn't be happy. It's more a what-do-I-do now post

OP posts:
maclen · 02/05/2024 08:48

Personally I don't love where I live and will eventually move but DS is about to start secondary school and has a great social circle. If I were to meet someone else I still wouldn't move to be with them as I wouldn't make my child lose all his stability and friends and start a new life just for me. But that's just my opinion.

Sizzle7654 · 02/05/2024 08:49

happyfrog1 · 02/05/2024 08:47

I do understand his concern, and no I wouldn't be happy. It's more a what-do-I-do now post

I’ve never been in a situation like this so I can’t give to much advice but I’d just try list all the positive impacts this move could have on your son and peacefully inform your Ex off all those opportunities and stuff your son is set to gain

Takeaways · 02/05/2024 08:50

A friend did go to court about this issue. It cost them many thousands over many months and resulted in altered visitation times. But my friend did get to move.

Viviennemary · 02/05/2024 08:51

Sizzle7654 · 02/05/2024 08:45

Would you be happy for your Ex to move a hour away and take your child with him? If the answers no you should understand your exs concern

Not sure if you would win a court case. But I think your ex is within his rights to refuse to agree. He has had 50% custody but will be losing that. Not many parents would be happy with that. I also think its a big risk moving your son into a family of three children.

SD1978 · 02/05/2024 08:52

Your options are to either take it to court, move and be the weekend parent or accept that you will not live with your partner until your son is at least 16. It's crap, but unless your son is 100% wanting to and you have thousands to spend in court- I do t see another option .

Singleandproud · 02/05/2024 08:52

You stay where you are for another few years. Let DC grow up with his friends and move afterwards. 5-7 years flies by as an adult. The court are likely to side with your ex as it means DC can continue at the same school and his life doesn't change much

tribpot · 02/05/2024 08:53

I think it would be worth consulting a solicitor so you know how likely it is your ex would be successful in preventing the move. My guess, only from reading MN, is that he will be. 50-50 has been established and your move doesn't allow that to be maintained.

Pinkdelight3 · 02/05/2024 08:56

It shouldn't have been a shock that he's not happy. It's working for your DS and the only reason you want to change it is to be nearer to your DP, who won't move closer to you because of his DC. Well, you've got custody complications too because in order to move, you'd need to mess with the arrangement that's working well. I don't think it's hard to see the ex's side in this, and the retirement issue is irrelevant. You're just looking to justify what you want to do, which is understandable, but can't blame him for opposing it.

Meadowfinch · 02/05/2024 08:58

He can't stop you moving, within the UK, but he can expect 50:50 to continue as far as possible, and for you to cover some of the travel costs.

So your suggestion of him having most weekends and a significant amount of holiday time is a reasonable one. I don't think the courts would penalise you for that.

Also it's only an hour, it's not the outer Hebrides. If you met halfway to do handovers, it's really not that big a deal.

And your ds will be 11 when the move happens, so you only have two years before your child can make his own decisions where he wants to live and socialise.

I don';t think you are unreasonable if you are willing to compromise on how the weeks are organised, and the court will recognise your issue over housing. Talk to a solicitor and get some advice.

WalkingThroughTreacle · 02/05/2024 08:58

An hour doesn't seem that much at first glance but that is 4 hours travel time and associated costs per visit or swap over. Who are you intending to take that hit? Are you going to bear the brunt of it? Have you even thought about it properly?

Your ex may have treated to abominably but this is about your child. Surely their right to a relationship with both parents, and your ex does sound like he's doing his best to be a good father, has to be a priority? You're also still in the relatively early stages of this new relationship so you can't be sure it has legs. Maybe hold off and see how things develop.

WalkingaroundJardine · 02/05/2024 08:58

You would need to see a solicitor specialising in family law so they can advise you with all your specifics. I agree that your ex probably has a good case for your DS not to be moved.

Pinkdelight3 · 02/05/2024 08:59

Also your DP is only an hour away and you're child-free 50% of the time. Isn't that enough time to see him? Especially if he has 3 DC he must be busy with too and not need you around then. I think looking to blend a family with 4 DC is an issue too on top of what you're framing as a convenient move for you financially and relationship-wise.

Cheesepleease · 02/05/2024 09:01

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines. Previously banned poster.

CandiedPrincess · 02/05/2024 09:06

Sizzle7654 · 02/05/2024 08:45

Would you be happy for your Ex to move a hour away and take your child with him? If the answers no you should understand your exs concern

Absolutely this.

Plus...

My ex, with no consultation with me, is retiring in October - he's ten years older than me. I feel this is negligent of our son's needs and puts the financial burden long term onto me.

Why on earth should he consult with you? It's none of your business whatsoever.

BodenCardiganNot · 02/05/2024 09:09

He has 3 children and complicated custody arrangements
And you think moving in with him is in your son's best interests?

Dareisayiseethesunshine · 02/05/2024 09:09

If his retirement means he won't be paying anything towards ds you need to live where you can afford to raise your ds...

CleftChin · 02/05/2024 09:11

I would broach the subject with your DC.

An hour away isn't the end of the world - especially if the school he'll go to is between the two of you, so that could even just be 30 mins (I had a longer commute than that to get to secondary school!) - and your DS will be old enough to travel himself (if the public transport exists)

Scope it out properly - schools, what would be the impact on visitation realistically (does it really need to be school/holiday split? It's only an hour!). Talk to your DS, then you can use that information to decide what to do next. You don't have to sacrifice yourself for this.

happyfrog1 · 02/05/2024 09:11

I was thinking DS would gain quite a lot from moving in with DP's children - all nice kids, and I think DS has been a bit of a lonely only child. I've done my best to facilitate friendships and organise playdates etc (ex does nothing on this front) but he spends a lot of time alone. I wish I'd been able to have more children.

Also, initial discussions about secondary school have focused on him going to a grammar school so possibly not to the same school as his primary friends. There are two very good grammar schools in the area where DP lives. DS is a bright kid and I want him to go to a school where he'll be encouraged. Ex is slightly hands off about this, and doesn't want to pay for tuition.

And re travelling to facilitate contact, I have thought about it, and know it would all be on me.

OP posts:
80schildhood · 02/05/2024 09:11

Dareisayiseethesunshine · 02/05/2024 09:09

If his retirement means he won't be paying anything towards ds you need to live where you can afford to raise your ds...

If they have 50/50 contact then he has no obligation to support her. He is already paying towards his son by virtue of the fact that he lives with him half of his life.

CandiedPrincess · 02/05/2024 09:11

Dareisayiseethesunshine · 02/05/2024 09:09

If his retirement means he won't be paying anything towards ds you need to live where you can afford to raise your ds...

Moving in with someone else and three kids with 'complicated custody arrangements' is not the answer to that. OP is likely to find herself in a worse position eventually.

happyfrog1 · 02/05/2024 09:13

80schildhood · 02/05/2024 09:11

If they have 50/50 contact then he has no obligation to support her. He is already paying towards his son by virtue of the fact that he lives with him half of his life.

He's never paid CM etc as he has DS 50/50

OP posts:
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