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moving away
#1
Hi

My son and his wife are going through an acrimonious divorce after 18 months marriage and being together eight years.

Both my Son and his wife are low earnings -minimum wage contract 0 hours.

My sons wife has threatened to take their 6 year old son to live 250 miles away  - a 4 and 1/2 hour drive away. My son does not drive and does not own a car. The cheapest train fair I can find is £177 return which is clearly not an option every week.

Is my sons soon to be ex- wife allowed to do this.

I should point out that for the first five years my son was the primary parent as his wife worked and as grandparents we have   been hands on from day one having sleep overs every week and taking our grandson on holidays etc.

Any advice appreciated

thanks

Ian
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#2
(02-01-2018, 12:02 PM)jenodorf Wrote: Hi

My son and his wife are going through an acrimonious divorce after 18 months marriage and being together eight years.

Both my Son and his wife are low earnings -minimum wage contract 0 hours.

My sons wife has threatened to take their 6 year old son to live 250 miles away  - a 4 and 1/2 hour drive away. My son does not drive and does not own a car. The cheapest train fair I can find is £177 return which is clearly not an option every week.

Is my sons soon to be ex- wife allowed to do this.

I should point out that for the first five years my son was the primary parent as his wife worked and as grandparents we have   been hands on from day one having sleep overs every week and taking our grandson on holidays etc.

Any advice appreciated

thanks

Ian

They threaten all sorts.  It may just be nasty or she may really be going to move.  He could do with that in writing then he could apply for a prohibited steps order.  Are they still talking or communicating by email or text?  Suggest he emails here and keeps all communication, brief, amicable, to the point but informal, not personal.

If she was to move away then that would also mean moving his son out of current school.  A prohitibed steps order would mean she can't move further away, or remove son from his current school, without the court's permission.  The court would look at her reasons and if they considered she was doing it to make visits to your son difficult, they could make an order preventing it.  But if she has a valid reason - eg a new job or moving in with a partner, they would probably allow it.  However, it would buy some time and he could then also apply for a child arrangements order for 50/50 shared care.  At present there are no court orders and they both have equal parental responsibility.  Plus the child has a right, in law, to spend significant and regular time with both parents.

It would help if your son has something in writing (eg a text message) with this threat to move away, to apply for a prohibited steps order.  I wouldn't wait to see if it happens.

Mark is an expert on the legal side though so he may have more advice.

Assuming she doesn't move, he would need to make an appointment for mediation - the first appointment is on his own (MIAM - mediation, information and assessment meeting) and he can explain any difficulties in getting to spend time with his son and what he wants to try and sort out.  The mediator then invites his ex to attend.  If she refuses or doesn't turn up, your son can get signed off by the mediator. To be able to apply to court for a child arrangements order, he needs to have attended a MIAM and been signed off.

Assume she is being difficult about letting him see his son.  Based on the history of care, he should try and go for 50/50 shared care or possibly even for son to live with him.  But 50/50 is more likely achievable i would think.  Even if she did move away he could still have 50/50 by having most of the school holidays eg.  But you really want to try and prevent that happening at this stage.

From now on he needs to be careful communicating with her.  Ex's who take legal advice can then suddenly accuse things - eg domestic violence etc - which can delay a Father being able to see his son while this is investigated.  So no arguments, or hostility - by text or otherwise. keep everything polite and formal, and in writing.  If he goes round there to see son or she invites him over, he should have someone with him ideally as a witness, to prevent accusations.

Sadly these things can get quite nasty.
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#3
(02-01-2018, 12:02 PM)jenodorf Wrote: Hi

My son and his wife are going through an acrimonious divorce after 18 months marriage and being together eight years.

Both my Son and his wife are low earnings -minimum wage contract 0 hours.

My sons wife has threatened to take their 6 year old son to live 250 miles away  - a 4 and 1/2 hour drive away. My son does not drive and does not own a car. The cheapest train fair I can find is £177 return which is clearly not an option every week.

Is my sons soon to be ex- wife allowed to do this.

I should point out that for the first five years my son was the primary parent as his wife worked and as grandparents we have   been hands on from day one having sleep overs every week and taking our grandson on holidays etc.

Any advice appreciated

thanks

Ian

Apply for a Prohibited Steps Order, preventing the relocation of the child over 15 miles.

You need to say in this about how it was in relatinship, with visits to grandparents etc.

Should she relocate, then put CMS in to do the Child Support, and claim a reduction due to the excessive travel for contact costs.  This would also include the cost of overnight accomodation but not meals.
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
(02-01-2018, 05:18 PM)MarkR Wrote:
(02-01-2018, 12:02 PM)jenodorf Wrote: Hi

My son and his wife are going through an acrimonious divorce after 18 months marriage and being together eight years.

Both my Son and his wife are low earnings -minimum wage contract 0 hours.

My sons wife has threatened to take their 6 year old son to live 250 miles away  - a 4 and 1/2 hour drive away. My son does not drive and does not own a car. The cheapest train fair I can find is £177 return which is clearly not an option every week.

Is my sons soon to be ex- wife allowed to do this.

I should point out that for the first five years my son was the primary parent as his wife worked and as grandparents we have   been hands on from day one having sleep overs every week and taking our grandson on holidays etc.

Any advice appreciated

thanks

Ian

Apply for a Prohibited Steps Order, preventing the relocation of the child over 15 miles.

You need to say in this about how it was in relatinship, with visits to grandparents etc.

Should she relocate, then put CMS in to do the Child Support, and claim a reduction due to the excessive travel for contact costs.  This would also include the cost of overnight accomodation but not meals.

MAny many thanks that is so useful

cheers

Ian
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#5
You need C100 form - you can download it/print it out from the link below, or fill it in on PC and edit/save it on PC, then print it out. Court fee is £215. You need an option to edit pdf's on your PC to complete/edit it I think. Or print it out and do it by hand.

https://hmctsformfinder.justice.gov.uk/H...ms_id=2253
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