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MIAM's and Prohibited Steps Order
#1
Hi looking for some advice.

My ex has decided she wants to move her and my children around 200 miles away (this has all come about within the last 2 months)  - basically on the premise of a new boyfriend and job even though she has no previous links to the area (all her and my family live local to where we are now) and she has a good enough professional job that it is not overly difficult to find employment where we are.

We have both been to separate MIAM's and the mediator has stated we are suitable for mediation (even though my ex e-mailed me after and said she thinks it is a waste of time) and my view is it's black and white - she wants to move whether I agree to it or not. The mediator's admin assistant is calling me trying to book this is but can't tell me any reasons why they feel we are suitable (I feel I am entitled to know at least a broad overview as to the reasoning when it seems so obvious we are not) - is the normal process to get some feedback either written or verbal? - as I have had none.

In addition my ex has e-mailed me this morning stating she has put her house on the market and is looking at schools with a view to moving in the next month or 2 supposedly.

Obviously I don't want to waste the little time I have on potentially going through a pointless mediation process if she is selling the home in the meantime and setting up schools and accommodation elsewhere. 

So am I am able to apply for C100 Prohibited Steps Order even if the mediator is saying we are suitable and I have nothing in writing from them?

Just to clarify we have an existing statement of arrangement in place as part of our finalised divorce for the children whereby I have them overnight once in the week and then again for a night and day every weekend. Obviously this would change if they were forced to move away but I also do not believe what she is doing in such quick timescales is in anyway in the childrens best interests - all of the e-mails from her are just talking about what is best for her and how she can cope.

I am willing to have them more but she doesn't seem to want to even consider this - as far as she is concerned she has explored all options and the only one worthwhile is moving.

I have booked in to see a solicitor again as I am unsure where I stand with my next options as my ex is just seemingly rushing this through without my consent.

Hope someone can point me in the right direction.

thanks in advance
Reply
#2
(08-29-2017, 03:04 PM)Grupetto Wrote: Hi looking for some advice.

My ex has decided she wants to move her and my children around 200 miles away (this has all come about within the last 2 months)  - basically on the premise of a new boyfriend and job even though she has no previous links to the area (all her and my family live local to where we are now) and she has a good enough professional job that it is not overly difficult to find employment where we are.

We have both been to separate MIAM's and the mediator has stated we are suitable for mediation (even though my ex e-mailed me after and said she thinks it is a waste of time) and my view is it's black and white - she wants to move whether I agree to it or not. The mediator's admin assistant is calling me trying to book this is but can't tell me any reasons why they feel we are suitable (I feel I am entitled to know at least a broad overview as to the reasoning when it seems so obvious we are not) - is the normal process to get some feedback either written or verbal? - as I have had none.

In addition my ex has e-mailed me this morning stating she has put her house on the market and is looking at schools with a view to moving in the next month or 2 supposedly.

Obviously I don't want to waste the little time I have on potentially going through a pointless mediation process if she is selling the home in the meantime and setting up schools and accommodation elsewhere. 

So am I am able to apply for C100 Prohibited Steps Order even if the mediator is saying we are suitable and I have nothing in writing from them?

Just to clarify we have an existing statement of arrangement in place as part of our finalised divorce for the children whereby I have them overnight once in the week and then again for a night and day every weekend. Obviously this would change if they were forced to move away but I also do not believe what she is doing in such quick timescales is in anyway in the childrens best interests - all of the e-mails from her are just talking about what is best for her and how she can cope.

I am willing to have them more but she doesn't seem to want to even consider this - as far as she is concerned she has explored all options and the only one worthwhile is moving.

I have booked in to see a solicitor again as I am unsure where I stand with my next options as my ex is just seemingly rushing this through without my consent.

Hope someone can point me in the right direction.

thanks in advance

In law you can at this stage apply for the PSO, and Child Arrangements on a C100. You can show that she has no intention in making a deal with the Mediation Company, and she is trying to move before due process can resove 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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