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Relocation
#11
Sounds like you have been through a lot. I really hope it all worked out for you and your family
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#12
A bit more awake today. Do the application for prohibited steps "to prevent child moving away with Mother" and Child Arrangements "lives with both parents" and specific issues order re schooling. Under details put that "ex name" has informed you she is intending to move x miles away and you wish the court to make a Child Arrangements order for shared care "lives with both parents" with son living with you Monday to Thursday each week and (whichever holidays) and living with his Mother the rest of the time. And for a specific issues order that son should remain at the same school and neither parent may move his school without the consent of both. And the bit about shared transport.
Plus the background of your shared care.

When she receives the application she may think twice but you would at least want a consent order to formalise the current arrangements if she says she's not moving. My situation was similar. And it was left with it hanging over me that she "might" move - at any time. Because she had no definite plans to move the court didn't make an interim prohibited steps order -but I already had a "lives with both parents" order so they made an order to say that that stands (and it includes a specific issues order that neither parent may change the school without consent of both so if she did it would be a breach). And they got her to sign an undertaking that she wouldn't change anything to do with son's arrangements or schooling without first going to mediation with me. Obviously if that happened and mediation didn't sort it (don't expect it would) then it would mean a further court application. As it stands she hasn't moved yet.

I wouldn't withdraw the application though, if she says she's changed her mind. Just say to her that there is an opportunity to discuss it and make a mutual arrangement at the first hearing.

It may be an idea to get a free half hours legal advice as well but the above is what I would do. The complication is if you ask for that pattern in the order and she then doesn't move - but worry about that when it gets to court because if she is prepared to agree to a specific issues order that son stays at the same school and to a lives with both parents order and an order is made for the current arrangements you have, then in future if she does move it would be a case of - he already lives with both parents and the arrangements need varying.

It does sound though like she wants to move and won't stay put so best to assume she is going to do that. If she wanted to sort it out with you she would go to mediation.

Main thing with wording is to always be clear you are thinking about the best interests of the child, their stability and security with both parents, in both homes, their extended family routines and friendships/activities - you can give brief details eg of his wednesday night football league or something.
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#13
Seriously I can’t thank you enough. I am glad it worked out for you. She has refused mediation and they are sending the form first class so I should receive it Wednesday. Can I put the request for preventative and shared child arrangements on the same form?
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#14
You can use the same C100 form for prohibited steps, specific issues and child arrangements. Spend some time getting the wording right so it sounds, reasonable and fairly businesslike.
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#15
Thanks for all your invaluable help. I can’t thank you enough
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