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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

Can exP legally prevent me from moving with DC 200 miles away?

15 replies

GhostInTheBackOfYourHead · 25/04/2010 15:53

I want to move back to Manchester to be nearer my family and to also escape an emotionally abusive relationship. I also feel the DCs would have a much better quality of life up there, compared to my tiny 2 bedroom flat in inner city East End of London and all the concomitant problems re schooling etc.

To complicate matters my DD is from my marriage to exDH who also lives in London and DS is from my most recent relationship.

Can either of them (together or separately) stop me from doing this in regards to access?

Fwiw, we do not have a legal access arrrangement but one we have arranged between ourselves (works well with exDH, not so well with xP)

Can anyone help as I'm very anxious about this?

TIA

OP posts:
GypsyMoth · 25/04/2010 15:56

yes,they can file for a prohibited steps order to prevent you removing from schools

all you yourself can do is build a good detailed well researched case,of why you are moving them.....show how better for their quality of life it will be

and suggest some ways for their fathers to have access

GhostInTheBackOfYourHead · 25/04/2010 15:58

If the liitle one isn't at school, how would that work?

I want to maintain the relationship my DCs have with their fathers and would be willing to meet each halfway to drop off and collect.

Would i be expected to bring DCs all the way to London and bring them back each time the fathers see them?

OP posts:
GhostInTheBackOfYourHead · 25/04/2010 15:59

Oh and thank you for your reply!

OP posts:
GypsyMoth · 25/04/2010 16:02

try wikivorce.com....forums are helpful

the arrangements for travel every other weekend might be a bit much for little ones....but thats just my opinion....and i would see if i could send them for larger blocks of time in school hols

i think they could still file for this if not at school,but this is only what ive picked up on in forums as my access case was different

GhostInTheBackOfYourHead · 25/04/2010 16:12

Thank you
DD will be 10 in June and DS is 2, so he is fairly young.
I doubt exDH would make things too difficult for me it's exP I'm concerned about. I called in SS for support with DS in January as my mental health was being seriously compromised by my relationship. Whilst the SW has no concerns about my parenting or the children's weel being she did write in the report that exP was emotionally abusive. I also had to call the police one time last year.

I am hoping that these things will work in my favour.

OP posts:
GhostInTheBackOfYourHead · 25/04/2010 16:13

I will look at that website, thank you.

OP posts:
twopeople · 25/04/2010 16:16

This reply has been deleted

Message withdrawn

prh47bridge · 25/04/2010 16:33

As others have advised your best route forward is to get the agreement of your children's fathers before doing anything. However, if it does go to court you have a good chance of winning. It is relatively unusual for the courts to prevent the parent with residence from moving within England & Wales unless it is clear that the move is purely an attempt to make contact with the absent parent difficult.

GhostInTheBackOfYourHead · 25/04/2010 17:13

Thank you for your replies.

Will be back when DS is in bed.

OP posts:
templemaiden · 25/04/2010 20:48

My OH's ex-wife (as she is now) took his two kids 200 miles away to Scotland without even telling him until it was too late. He could do absolutely nothing about it.

She told him that they didn't want to see him any more, and she told them that he didn't want to see them any more.

After several months he finally got contact every two weeks, but that all stopped when I came on the scene, and he didn't see them for 14 months.

I have watched it tear him apart.

I would seriously rethink whether you really want to do this. They are not just YOUR children to do with as you please.

GypsyMoth · 25/04/2010 20:54

But there is no reason why the op should stay in a place she isn't happy in just because the fathers are, at present, local!

a better life elsewhere with family support will better op's life, and in turn her dc's. Many fathers travel, not exactly difficult to get around in the uk is it?

Eglu · 25/04/2010 21:04

templemaiden. The op is not saying she wants to stop contact with her Dcs fathers. She wants to maintain it, she just doesb't want to stay local to them

proudmummyof1 · 25/04/2010 22:16

I'm a lurker & not a regular poster and have recently left my husband of 17 years to move 280 miles away with our 4 year old child. This is not something I have done lightly but felt driven to this due to the lack of support and other circumstances, we packed a bag and left and I went to court for residency the next day. My husband was not violent or abusive in our marriage, just disinterested and had made a threat to take our daughter away when I asked for a divorce despite never being a hands on parent. We now have more support around us than we have ever had and despite my husband finding us leaving very hard and being very bitter he is making much more of an effort to spend time with our child and has in fact spent more time with her since we left than ever before. My situation is different from yours as I moved from scotland to England where there are different laws but I would never stop my ex seeing our child. He is not a bad man and our child deserves to know her father. Formal contact is now in place and I was willing to do everything to accomodate & make this as easy as possible for our daughter but the court stated that he had to do all of the travel and pay the related costs and see her in her new home area. This is working well for her as she gets to spend quality time with her dad in her own territory, is close to her grandparents and cousins and seems very happy and settled in her new life and school. She also has a more realxed and happy mum!
I can see where templemaiden is coming from but my husband showed hardly any interest in our child when we shared an home and now claims that he is distraught that we are no longer there despite having many opportunities to change this situation in the past......Sorry for the waffle but talking it over wasnt the right thing for me and I wanted you to hear another side of the story.

proudmummyof1 · 25/04/2010 22:17

Forgot to add, my ex could move down here but chooses not to despite saying he is committed to being a good father and spending time with our child

GhostInTheBackOfYourHead · 26/04/2010 09:16

Gosh, thanks for all the replies.

I certainly do not want to stop the DCs and their fathers seeing each other. As other posters have said, I'm after a better quality of life with more support.

Who's to say that the fathers won't decide to move somewhere else at some point in the future also?

And ironically although I'll be moving 200 miles away, the journey to Manchester would only take 90 mins longer than the current journey exP does across London (8 miles) to see DS.Go figure!

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