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Mother moving considerable distance
#1
Hi all, im not really sure if this is the correct part to post in so i apologise in advance!

Background;
my daughter 8 lives with her mum full time, i get the a weekend every other week and i help out in between i pay her direct (since the government started charging a fee to process the payments). mum doesnt work is single always goes out on the lash lives with sister in a room shares a bed with my daughter. i have a house have a stable relationship good job partner also has a good job mega family support (she also has some family support).

Problem;
Shes just told me she might be moving 3 and a half hours away drive from where we live (and from all our/her family), ive always tried to stay close (when the mum moved i moved close by) but i cant move this far away due to work. she proposed me just having her in the holidays which would mean i wouldnt see her for weeks on end.

If i finish on a Friday at 5 id have to drive back that night really as i cant afford the petrol and to stay in accommidation so the reality is i wouldnt get back till 2am Saturday obviously long journy for her and longer for me.

Im thinking about going for full custody in courts, if i cant get that then some sort of order to stop her moving so far away or my last option is if all else fails is to quit my job and start afresh but this would but a massive strain on my own personal family as they are all equally devastated about this news and obviously they cant all pack up and move with us.

Im just wondering do i stand any chance at all, my work i could flex and bend to cope and have her full time and still pretty much work full time.

Looking forward to any guidance someone can share, thank you for your time.
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#2
Getting full custody is unlikely as the kid is required to have regular quality time with both parents.
You would need to show the kid is in danger or neglected and her mum going out for a beer is not such an issue.

You can put a prohibited steps order into court to explain that moving away would make your relationship with your daughter difficult.
"Being a good father, for its own sake, does not require your ex to see it or agree"
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#3
(09-18-2017, 03:08 PM)LTCDAD Wrote: Getting full custody is unlikely as the kid is required to have regular quality time with both parents.
You would need to show the kid is in danger or neglected and her mum going out for a beer is not such an issue.

You can put a prohibited steps order into court to explain that moving away would make your relationship with your daughter difficult.

thanks for your help, ill look to do the court order. are these hard to get do you know (how likely)? sorry im just going out of my mind currently
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#4
(09-18-2017, 03:20 PM)bennybe Wrote:
(09-18-2017, 03:08 PM)LTCDAD Wrote: Getting full custody is unlikely as the kid is required to have regular quality time with both parents.
You would need to show the kid is in danger or neglected and her mum going out for a beer is not such an issue.

You can put a prohibited steps order into court to explain that moving away would make your relationship with your daughter difficult.

thanks for your help, ill look to do the court order. are these hard to get do you know (how likely)? sorry im just going out of my mind currently

Regarding obtaining a Prohibited Steps Order, you need to show how long the existing contact arrangements have worked for, and she would have to show every good reason for relocation, making them no longer workable.

Are you Child Arrangements on Court Order or Medication Agreement?

If the move is allowed, you can claim a reduction from Child Support in a CMS case, for "Excessive Travel for Contact Costs".

You do have a case for residance, as under the law your ex must have a bedroom for everyone (or Couple) over 16, and a room for the child.
A child sharing a room with an adult is only acceptable in a contact situation.
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
Does she have a good reason to move or do you think it's to make life difficult for you? That is what the court would look at if you applied for a prohibited steps order.

You could apply for a child arrangements order to live with both parents (eg shared care) and a variation of the current schedule due to the distance. So what would work best for you if she was further away? There are various patterns, eg living with Mother during term-time and Father during school holidays.

I would apply for both. An application for prohibited steps order and an application for child arrangements for child to live with you. In your summary you could say you wish this to be for child to live with you or on a shared care basis. Keeping both as an option.
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