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Hey guys I'm back
#1
Just thought I'd update everyone and also ask for some more advice. I'll keep it as brief as possible. So ex stopped contact, i applied to courts and saw my kids in a contact centre whilst it was being sorted. First hearing she stuck to her guns so they ordered a section 7 report. Cafcass did their reports and they came back pretty positive. We then went to second hearing and managed to turn it into a final hearing and I got all the contact I wanted but it has to build up gradual over a few months which isn't a problem cause after being in the contact centres it's just a relief to have them unsupervised. So the last few months contact has been building up nicely and I'm back to mid week visits and overnight stays in a couple of weeks. So I saw my two little ones today and the told me that they are moving to Cornwall next year which is about a 5 hour drive from me. I know my ex is going purely to reduce the amount on contact I have with my children. My question is what can I do. I have my court order in place that says I should see them midweek and every other weekend Friday to Sunday and half of school holidays. If she does move that basically puts a stop to the mid week visits and means I have a 10 hour round trip to pick them up. I will do whatever it takes to carry on seeing them cause I've fought so hard to get this far. My ex doesn't drive either so I don't know how I could make her bring them half way. It just feels like she won again. As soon as I get what I've been fighting for so long she take it away again. Any help and advice would be great and thanks for all the help on the past guys. Adam.
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#2
(12-11-2016, 08:25 PM)ST4N80 Wrote: Just thought I'd update everyone and also ask for some more advice. I'll keep it as brief as possible. So ex stopped contact, i applied to courts and saw my kids in a contact centre whilst it was being sorted. First hearing she stuck to her guns so they ordered a section 7 report. Cafcass did their reports and they came back pretty positive. We then went to second hearing and managed to turn it into a final hearing and I got all the contact I wanted but it has to build up gradual over a few months which isn't a problem cause after being in the contact centres it's just a relief to have them unsupervised. So the last few months contact has been building up nicely and I'm back to mid week visits and overnight stays in a couple of weeks. So I saw my two little ones today and the told me that they are moving to Cornwall next year which is about a 5 hour drive from me. I know my ex is going purely to reduce the amount on contact I have with my children. My question is what can I do. I have my court order in place that says I should see them midweek and every other weekend Friday to Sunday and half of school holidays. If she does move that basically puts a stop to the mid week visits and means I have a 10 hour round trip to pick them up. I will do whatever it takes to carry on seeing them cause I've fought so hard to get this far.  My ex doesn't drive either so I don't know how I could make her bring them half way. It just feels like she won again. As soon as I get what I've been fighting for so long she take it away again. Any help and advice would be great and thanks for all the help on the past guys. Adam.

Apply to Court for a Prohibited Steps Court Order, preventing the children being relocated more than 30 miles, without your consent.

State in your application that a Child Arrangements Order exists, made by Judge xxx at xxxx County Court, on xxxxxx.
In that process there was a period where you ex withheld contact, despite Social Services recommending it (I have read your first thread to check this).
Your ex partners reasons for withholding contact did not stand up on Merit on investigation, and as a result a Child Arrangements Order was made, giving you midweek contact, as well as the normal Friday till Sunday every 2 weeks, and half school holidays, in line with the opinion of Social Services.

You also need to state that your ex has not accepted the decision the court made, and this talk of relocating to Cornwall is just to stop you having contact as per the order.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
The thing is she's planning on doing it sometime next year and I'm not sure when yet. From what I've looked into as well there's not much I can do to actually stop her moving as it's in the uk. I just need to be prepared cause I'm sure she will move but what can I do to keep my contact wit my the kids? I really enjoy the midweek visits as it gives me a chance to see how the kids are doing.
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#4
(12-11-2016, 08:49 PM)ST4N80 Wrote: The thing is she's planning on doing it sometime next year and I'm not sure when yet. From what I've looked into as well there's not much I can do to actually stop her moving as it's in the uk. I just need to be prepared cause I'm sure she will move but what can I do to keep my contact wit my the kids? I really enjoy the midweek visits as it gives me a chance to see how the kids are doing.

When does not come into it, its the fact she is considering it, and the only way to stop it is Prohibited Steps Court Order.

The fact you know, you need to act on it right away.

There is a number of things that come into this sort of thing, and while in some situations you can not do anything, in your case, the fact that a court order exists, giving midweek contact as well as every 2 weeks and that as part of that process, her opposing contact has also been ruled on puts you in a very good position.

Unless she can show reason to change the Contact Order, and this must be since it was made, you will get a result on Prohibited Steps.

If this move when ahead without you putting in for it, all that would happen is you can put in a C79, to enforce the Order, and she will counter, by application to vary the order. Her "significant reason" needed for it to be looked again will be that she has moved out of the area, and if she can show you knew in advance of the move, in law you will of agreed to it, by not challenging it.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
Thanks for the advice again Mark. I'm gonna call my solicitor in the morning and see what they say and where to go from here. Will keep you guys updates but if I have to travel I will. Just checked and it's over 300 miles each way so 1200 miles round trip there and back twice. If they did let her move what could I do in regards for cost of travel and the missed widweek visit? I thought about maybe just getting a hotel down there every other weekend to save me driving all the way back. It says in my order as well that I'm to collect them from school on Friday for the weekend so not sure what would happen there?
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#6
Hi,

I believe it is indeed as Mark has said it.

You must apply for a PSO and that immediately. This is of course a punch in the stomach as this will need to be a new application.

How do you know about her plans, is this something you can believe? What are her reasons?

When this goes to court she must have some good reasons as to why she wants to move out of the jurisdiction. The older the children the better are your chances that she will not be allowed. If you get any chance between now and her intended move go and enrol your child at a sports club or become a member at music school or the like. Your goal now is that your child has as much social contact in your area as possible. Where are your parents? Do they have a regular contact with your child?
Can they throw in a last minute application for contact to drag this out a bit?

If it makes you feel better I travelled every 3rd weekend from Germany to the UK for over a year. I couldn't do it anymore and eventually relocated to the UK only to find that she had again took the kids and moved somewhere else within the UK.

It is devastating and I can really understand your situation.

The only way to battle that is court.

F.
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#7
My kids told me that they are moving, I'm pretty sure she is going to move as she has got a new boyfriend and he's going in the Navy so they will all want to be down South. Yes all my family are round this area and she's just trying to do it to play happy families with my children. Should I apply for the PSO order
Immediately then do you think guys? Both my children are settled in their schools and love it where I live as all of both sides of the family are here. Just really worry that I'm going to have to travel a lot and lose all that I've worked for.
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#8
(12-11-2016, 09:46 PM)ST4N80 Wrote: Thanks for the advice again Mark. I'm gonna call my solicitor in the morning and see what they say and where to go from here. Will keep you guys updates but if I have to travel I will. Just checked and it's over 300 miles each way so 1200 miles round trip there and back twice. If they did let her move what could I do in regards for cost of travel and the missed widweek visit? I thought about maybe just getting a hotel down there every other weekend to save me driving all the way back. It says in my order as well that I'm to collect them from school on Friday for the weekend so not sure what would happen there?

If CMS are involved, then you can apply to vary the income used in the calculation, due to excessive "Travel for contact" costs. You can only get this when the Resident Parent relocates, creating the problem.

However, another gripe I have with the system is they only allow 9p per mile if you drive, or the cost of public transport. Anything extra like Hotels do not come into it.

As your Order says to collect them from school on Friday, unless your ex formally advises you of the new school address, turn up and get prove you was their.
Then fill out a C79, Application for Enforcement.

The correct way your ex should of gone about this, is making an application to vary the existing order herself, where you could challenge it. In this case she would not win, due to the key aspects having been ruled on, unless she has good significant evidence to get it look at again.

Her moving would better her position, as you can not undo it, and the only option then would be for you to accept it and change the arrangements on a variation of the order, or go for Residence.

Until a Court Hearing takes place to either vary or revoke the order, it still stands and can be enforced via form C79
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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