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My ex wants to move away with our daughter
#1
My ex wants to move away with our 9 year old daughter, precisely 3 hours away, I believe it is being done to limit my access, a form of control.

For the last “6 years and 7 months” we have had an unofficial child/access arrangement. 
 
           NOTE: my ex has not found a house to move to or put anything in place as yet, it is just a  
         strong thought, for probably next year.
    ** I am thinking I could get in there first by applying for a residency order as the solicitor advised and not strictly arguing the 
         move in court, this would define my daughter's primary residence remaining the same and school, I may
         even ask for one extra day with my daughter.
 
I had an initial consultation with 2 different solicitors and received similar advice, they said, “judges have very little power to stop someone moving”, hence the above advice.
 
But is this fact really true in my case? I may be able to prove my ex is controlling, and that the move would simply be an addition to that control?

      In the last 7 months:

(1)  My ex threatened twice not to let me see my daughter because she disagrees with my point of view, I have in writing!
(2)  My ex refused me to take my daughter abroad on holiday this summer, then went ahead and booked a fourth consecutive summer holiday with her.  
I have never been abroad with my daughter never been allowed. I have it in writing from my ex she prefers it happens when my daughter is much much older.
(3)  My ex refused to engage in mediation, I already had my MIAM and document signed to initiate court proceedings.
(4)  For years my ex has engaged in child alienation, I feel I will lose my daughter as she is continually brainwashed.  My daughter discusses and sometimes tell me off using adult themed subjects her mother has put to her. I have many emails where I have discussed these instances with my ex.
(5)  My ex now wants to move 3 hours away, it would make it very difficult to see my daughter, I have been seeing my daughter every single weekend, we normally share the weekend 50/50 with our daughter, I also get to pick up my daughter from school on Tuesday’s and drop her home by 7pm.
(6) My ex’s current partner has on occasion shouted at my daughter, my ex has not always dealt with these situations appropriately and denies it happening or the intensity of the fracas.  My ex’s father said to me “he nearly hit this current partner because of the way he speaks to my daughter”.  
 
I am itching to go to court as feel I have a good case, but do I really?  Should I just stick to the residency argument keeping things simple to get the best/ quickest result and less expensive perhaps? 
 
Thanks.
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#2
It can be very hard to win residency from the mother. Your best bet would be to get as much access granted by a court that you wish to have including holidays (be sure to get an agreement for passports being handed over say 21 days prior to travel) .

However if you want to try for residency you are free to do so if that is what you wish.

You may be able to get a prohibited steps order to stop her moving so far away.

You can mention all of the above issues as part of your court case , CAFCASS will likely be involved and will look into But no one in her can say for sure what the outcome would be as each case is different.

You could do a Sarah’s Law application on her new partner and see if any prior convictions for violence show up.
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#3
Hi

Thank you for the information, it looks like an uphill battle all in all.

The solicitor I spoke with recommended not so much as to gain full residency but to increase and have more time with my daughter, perhaps an extra night with me for example, and also which defining her primary residence (the mother's) and school making it difficult for my ex to move.

My ex has no house in mind to move in to which I felt might make my case achievable if I bring the case now, what might also help is that she does not have money to go to court, I am hoping her parents do not fund her.

Thank you I hadn't thought of Sarah's Law, I will instigate it first thing tomorrow at the police station.
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