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ex wife is planning to move to Scotland with our two daughters
#1
Hi there,

I am looking for help and advice about what I can do; My ex wife is planning to move to Scotland (we both live in east anglia in England). Her dad lives up there, but moves around. Her mother and brother live pretty much next door to her where she lives now, the girls are settled in school and have lots of friends where they currently live (they're 9 and 10 years old). 

She says she can't afford to continue to live here, but this has only been since she has split up with her previous boyfriend whom she has another child with. Her ex also lives in east anglia. 

Apart from that I don't know much more about her situation as she doesn't like me knowing too much. She has refused to say if she has a job up there, but I know her house is up for sale so I assume she will have accommodation when she moves. My current wife and I also have a child together, so there is now a chance he will grow up not knowing his sisters. 

I have my two daughters every other weekend and half the holidays. Im absolutely gutted. 

During our divorce and financial separation my solicitor said there wouldn't be a lot I could do to stop the move as her dad lives in Scotland. Is this true? There must be something!
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#2
Hi,

Not true.

But you need to act fast and make an application for a prohibited steps order and an urgent hearing.

This is part of a c100 application for which you can go directly to court due to your urgent circumstances.

The first stage would be to try to prevent or at least to delay her moving with the children.

Second stage you might want to consider is to make an application for residency for your children so that they can live with you.

Your children are at an age where it is likely that they will be heard or that their wishes and feelings will be considered.

What do your children think and want? Could they picture to live with you?

F.
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#3
(07-16-2017, 07:09 PM)Frisbos Wrote: Hi,

Not true.

But you need to act fast and make an application for a prohibited steps order and an urgent hearing.

This is part of a c100 application for which you can go directly to court due to your urgent circumstances.

The first stage would be to try to prevent or at least to delay her moving with the children.

Second stage you might want to consider is to make an application for residency for your children so that they can live with you.

Your children are at an age where it is likely that they will be heard or that their wishes and feelings will be considered.

What do your children think and want? Could they picture to live with you?

F.

Just to add into this, what are the existing contact arrangements, and how are they in place.

If a Court Order is already in place, it might be you have to file a C79 soon as any contact does not take place as per the order.

If you have any none court order documents where it shows what contact is agreed, it will also help you case if shes not making the arrangements unworkable.

If you can evidance the fact that money is her reason for moving, it will also help your case. I am not sure she would be better off, as should the worse happen, I would advise you put in CMS, and you claim for your "Excessive Travel for Contact Costs".

You would get half school holidays, what is 6.5 weeks and my suggestion would be to also ask for the weekend after each of the childrens birthdays and the weekend of fathers day. This will mean you exceed 52 nights, so you will get some reduction in child support

You would be justified in traveling up the day before, and therefore as well as the round trip millage, you could claim the costs of a Hotel or B&B. On the return dates, you might need to stay over and travel back the next day, what would also be allowed.
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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#4
Thank you,

We have a private agreement with regards to access and money I give her. What is CMS?
The girls feel completely torn and are telling me things they think I want to hear and then doing the same to my ex wife. They have, however, said they do not feel able to make the decision about where they live as they would have to move in both situations. I would love to have them with me. I have recently found out that the father of my ex's third child has been told that his boy can live with him - nothing has been formally agreed though. This makes me think the girls would want to stay in east anglia to be near their siblings.
Can the father of the third child and I make a joint c100 should the ex wife change her mind?
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#5
Hi

No, simply for the reasons a scenario like yours needs to separate orders.

However, you would need to mention the set up with the other children in your application an vice versa the other dad.

It should then be all dealt with in front of 1 judge.

CMS is child maintenance service. Google for details.

F.
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#6
If you have a private arrangement and no court order, what is your ex suggesting by way of access/contact if she moved to Scotland? Have you tried asking? If a prohibited steps order was applied for, the court would look at whether she has genuine reasons to move (eg work or whatever). They will make a decision and may allow or disallow the move.

You could apply for a child arrangements order on the same form and say in the summary that if the ex is permitted to move so far away you wish the court to give an order for residence with you so the children have ongoing stability with friends and school.

How long since she split up from her boyfriend? This could be a gut reaction after a split-up
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