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Ex moving further away
#1
After the fiasco of my consent order for lives with both parents (I still don't have the correct order sealed!) and ongoing games and harrassment from ex - she has written to say she plans to move further away to get better employment.  She is renting and could move at the drop of a hat.  She says "probably no more than an hour away".  However she is no doubt trying to get rid of the midweek overnights with son and I doubt the court would agree to an hour's journey to school every morning.  So should I apply for a specific issues order to say she shouldn't move more than x minutes drive away?  Or just wait and see what happens and then apply for a variation?  Or apply for residency.
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#2
I would wait to see what happens. No doubt your ex winding you up pushing buttons again. I am expecting the same soon as well. Hard work isn't it all these games and not putting children 1st
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#3
Cheers - I am thinking of a prohibited steps order limiting how far she moves - because if I find out after it's happened and she has already moved son out of school, it's too late to change it back again. He only has one year left at his primary school and it would be very disruptive to change schools twice. To be honest I'm thinking of applying for residency - but it's a bit soon after the last hearing, without something very concrete (ie a definite move to a definite location).
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#4
My ex moved 200 miles away recently ..... Having to restart this whole damn process again
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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#5
Sorry to hear that Invisible - yes that is what I am worried about. Did you have any warning?
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#6
About an hour
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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#7
Had some advice. There is a specific issues order in place saying school can't be changed without agreement from both parents. So suggested i write to her to say I have no objection to her moving as long as it doesn't impact on son's schooling which is already agreed. Then if she says she's moving schools as well, enforce the specific issues order. Can't get my head round it though because she could still just move and change the school and a court isn't going to change that after it's happened.

Think I have to apply for prohibited steps - give evidence of the hostility recently and claim it's not in son's best interests and is a deliberate attempt to sabotage his life with me - plus unnecessary as plenty of work within 15 miles.
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#8
Mark - if you're around, can I apply for prohibited steps and enforce specific issues at the same time? Or would it be best just to go with prohibited steps?
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#9
Sorry charlie7000 to hear this but I know from first hand experience how easily judges can wave through applications for relocation. Statistics aren't good at all from what I have seen.If hey think the mother is the primary carer they can so easiy brush aside all arguments against the move and conclude that it is in the child's best interest and apply the much criticised Payne v Payne guidelines.

What this means is that all the time and money and grief father's go into to get some order could easily be wiped out as soon as the resident parent decided to relocate. Father's have to just sit and pray that their ex won't decide to move away or for ever be ready to relocate.

I think whichever way you apply specific order enforcement or prohibitive steps order , it will still be a relocation case and it will be assigned to district judge or higher for consideration. I don't think it makes much difference to the case or the arguments to be had. Good luck.
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#10
Thanks. She isn't the parent with care. It's a shared care order. Focus will be on the welfare checklist and evidence of her not being supportive of son's relationship with me (as in recent nasty and bizarre accusations!). From what I understand a prohibited steps application will at least delay things while they look into it - unless she moves this week-end of course. Have already done a tracing agent application to see if she's signed up for a tenancy and where. She's done it before. Moved 30 miles away last time. It was do-able - better in some ways as a bit of distance helped. Then she moved a bit too close! Problems every since. She can't move his school without my consent, it's in a specific issues order. If she moves 30 miles away I'd agree to it but not 60 miles away.
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