Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Lost custody as moving home - Not Moving now
#1
Hi I lost shared custody final hearing as moving out of area, realised mistake and want to stay near kids and school. Have I got a chance of changing custody back if I stay and don't move from the area, as realised my mistake

Thanks in advance
Reply
#2
(05-14-2016, 11:35 AM)ageofseparation Wrote: Hi I lost shared custody final hearing as moving out of area, realised mistake and want to stay near kids and school. Have I got a chance of changing custody back if I stay and don't move from the area, as realised my mistake

Thanks in advance

To get an order looked at again, you need to prove significant changes since the order was made.

I do not think you can go back to court this soon. Has any order been made for contact?
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.
Reply
#3
Order for two weekends a month and midweek sleepover, my change would be in not moving out of area as planned
Reply
#4
There is nothing to stop you from trying, but all the courts would be concerned with is "What's in the children's best interest"?

Depending on what your existing order says, the courts might deem things best left as they are. Whilst agreeing it's very distressing for you personally not to be able to be a true 50/50 co-parent, very rarely are things half and half. Sometimes the courts decide kids need one "home" and go "stay" with the absent parent for an average of one night a week. It's unfair on parents....but it's equally unfair to disrupt the children during their education years, and unless two split parents can properly co-operate sometimes a main home is best to give them the stability to enable them to do their best in school. Doesn't mean the Dad's at fault, it's just that there isn't really an easy, satisfy everyone, kid first solution.

Depending on your current situation with your ex, could you talk to her about them spending more time with you? You don't need to go to court, usually there is a clause in the contact order saying "And any other contact as agreed by the parties", so if you both agree it can just happen, but likewise it can be stopped as well.

More information is needed for more specific advice Smile
Reply
#5
I can prove that I am staying close to kids and they want to see me more as 5 minute drive away, also she lied and told court she worked from home, and denied me access to after school care info.
Reply
#6
Your current level of contact is in line with current thinking in the courts, so, given you do have contact order, for it to be altered you'd need a very good reason. From what you've written so far I don't think you've got quite enough to make a convincing case. Remember it's about the kids best interests, not your feelings or wants.

If over time the children become more difficult when going from one parent to the other, then that may be the time to consider going back before the courts?

However, notwithstanding my thoughts, you can try, and remember you can self represent if you think you'll do a better job speaking for yourself than a solicitor will.

Why not allow things to run for while and see how the existing order works?
Reply
#7
(05-14-2016, 02:06 PM)Norfolk n Good Wrote: Your current level of contact is in line with current thinking in the courts, so, given you do have contact order, for it to be altered you'd need a very good reason. From what you've written so far I don't think you've got quite enough to make a convincing case. Remember it's about the kids best interests, not your feelings or wants.

If over time the children become more difficult when going from one parent to the other, then that may be the time to consider going back before the courts?

However, notwithstanding my thoughts, you can try, and remember you can self represent if you think you'll do a better job speaking for yourself than a solicitor will.

Why not allow things to run for while and see how the existing order works?

I agree with Norfolk, you need to let the order run for a while. Also be aware, now staying contact has reduced, Child Support should change as well, so in general terms, you will find at any ex partner is going to try to obstruct any early applications.

Your going to need about 4 significant reasons you can prove, and they have to be since the last order was made.

Start to keep records, of what you do during contact, and anything negative your ex is doing (DO NOT QUESTION THE CHILD), just record anything that just pops out, and the details on how the came about saying 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.
Reply
#8
Can I get a court order so stop other parent from changing kids school, and moving abroad?
Thanks in advance.
Reply
#9
You can apply for a "Prohibitive Steps Order" which if granted, would make it an offense for someone to do something they've been told not to do.
Reply
#10
Best to do so now?, before they decide they may move?
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  She is moving house - can I vary the court order? Chester Copperpot 4 1,733 05-06-2021, 06:05 PM
Last Post: Charlie7000
  Ex telling the kids they're moving away from me Gra76 7 4,183 11-03-2020, 08:56 PM
Last Post: Charlie7000
  Mother moving away mojo 17 18,174 11-03-2018, 07:40 AM
Last Post: warwickshire1
  Pick up / drop off issues after moving house bobthebuilder 6 7,332 10-17-2018, 03:42 AM
Last Post: Naive
  Ex moving child's school - advice saught PortGlasgowDad 11 11,327 09-05-2018, 12:14 PM
Last Post: PortGlasgowDad
  Moving home - is it possible? BigD 7 6,769 08-06-2018, 11:54 PM
Last Post: warwickshire1
  Wife moving out with kids martin4 1 2,494 08-04-2018, 01:09 AM
Last Post: Charlie7000
  More moving stuff Charlie7000 3 3,664 07-06-2018, 10:03 AM
Last Post: Charlie7000
  Ex moving further away Charlie7000 40 40,376 07-01-2018, 10:50 AM
Last Post: Charlielovesyou
  Ex moving goal posts to suit cheesy time 1 2,843 05-30-2018, 07:10 AM
Last Post: MarkR



Users browsing this thread: 1 Guest(s)