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Mother moving away
#11
Yes technically you may be correct. And a temporary prohibitive steps order may even be granted.

But if she really wants to, she can seek a variation to the order. And that was my point. It will be down to the judge then.
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#12
(10-21-2018, 06:57 PM)DadDolent Wrote: Yes technically you may be correct. And a temporary prohibitive steps order may even be granted.

But if she really wants to, she can seek a variation to the order. And that was my point. It will be down to the judge then.

There is nothing in the members post to suggest she has any grounds except the relocation as a reason.
In fact she has moved twice to places keeping the order workable.
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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#13
I know. You don't necessarily need any grounds for relocation. That is exactly my point.

It is enough grounds in the view of many judges that the mother should be free to go wherever if it it is good for her.

It is so unbelievable that I understand the sceptism in what I am saying.
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#14
Every case is different and Judges are different but I think Mark is making the point that as a recent order has just been made this will be viewed as a deliberate attempt to flout it. It's very uncertain what courts will do in these situations, but if you ask for something reasonable you may get it (at the second hearing). eg child to remain at same school and "live with both parents", you midweek and the Mother 3 week-ends out of 4. When she sees that she may decide not to move. What mine did was say she "might be" and Judge said he thought it was just a threat so got her to do an undertaking that she wouldn't change schooling or chid arrangements without having mediation first - just a time buyer really.

The urgent application is for the prohibited steps to prevent her moving and there will then be another hearing to decide things. Of course she may just turn round and say she hasnt decided yet and keep you on a string like mine.
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#15
Thank you all for replies. I'll reply to all by making a new post.

She has moved, so that's already done. I know she isn't going to be made to move back, but tbh I think she's made a mistake because she didn't notify the court of the move, and it's to about 30 miles away so will disrupt contact as it stands atm. It can't not disrupt a weekly overnight, and knowing this she should have done it by agreement.

I've asked the school not to let him leave their roll till a decision has been reached by a court concerning his education and residence. They may not be able to but at least I asked. Not sure if / how to get an injunction, if anyone has experience of that it'd be helpful.

I also told her (calm and businesslike, by the book) that I've asked that to the school. She may just stop him from going to school (she's impulsive that way) that would make things easier because it would demonstrate how she doesn't have his interests at heart.

In my application I asked for a hearing to decide residence and education, due to the boy's mother moving so far away. I'll put forward that she has no family or work connection to where she's gone, and even if it's to be with her new BF (which I think it is, they've got a new baby together) then that's great for the new baby but not fair on our boy. I'll be giving my view that it's the latest in a long line of attempts to limit and prevent his contact with me, and I can show evidence of that going back years.

Then again, his school is really good, so I stand a chance of keeping him there. I really doubt she'll find a school as good as the one he's at, so there's a good chance of an interim placement order so he can keep going till there's a final decision. Fingers crossed there.

Tomorrow it's very likely she won't show up at the agreed (and court ordered) meeting place. She sent an email today saying I had to pick him up 30-odd miles away from now on. I said no, she needs an amendment because the handover venue is specified in the order. I also told her if she applies for that, I'll contest it.

24 hours' notice of a change like that isn't reasonable and if she breaks the order (as I expect she will, she's never worried about that before) it's only going to make her look like what she is. Suits me, frankly.

I feel for the boy, he's expecting to visit his cousins this weekend. But he sees this now, he knows. I'm not too worried for him, we'll debrief about it later. In terms of the hearing, I believe he's now at an age (6) where I can request his views be discovered and taken into account, too. I will be doing that.

More updates later, I'm hoping what I'll learn over the next few months will be of help to others going through through this.

I've just put in two PPI claims so I may even be able to afford a lawyer at some point :o)

Stay strong.
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#16
Did you take your application in? With an urgent application you should get a hearing the same day or the day after for the interim order.
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#17
A kind of interim order, she can't start him at a new school till after a hearing next week to decide if he has to leave the city right now. Then in December there'll be a full hearing, which could be interesting depending on what happens next week. ''Acrimonious'' is what I'd call the situation, I wonder what she might try to pull if she feels desperate.

I'm sticking to facts, mainly arguing son shouldn't have to change schools, and shouldn't have to leave his gymnastics club. It's a good school, he's popular in class and he's doing well. It all adds up - I hope. Statement is written and I'll deliver it on Monday, hearing the following week. He's going to miss some school, which I don't like, but it's better than having to change.

She's insisting I travel miles to handovers at a station, I'm reluctantly refusing because I don't want to start a precedent. But also because it's a 65-mile round trip, which is long and expensive and I can't guarantee exactly when I'll arrive. I don't want him hanging around at a railway station with an angry mother while I'm stuck on a motorway. I'm arguing she should have to share handover travelling, don't know if that'll fly. She doesn't drive - but she has access to a lift, and she has access to free childcare. It's not as hard for her to travel as she's making out.

I'm also pointing out
a) She's broken every order in every way over the last few years and constantly disrupts contact in some way or other.
b) Son complains all the time about her being horrible to him, that's been going on since he was small and didn't complain about it, just used to act it out.

I'm making a big thing of stability for him, the fact he already considers my house as ''home'', and all the stuff he values that he'll lose if he has to move. I'll be including in the court bundle his gymnastics certificate, school report, the ofsted report on the school, and all the previous orders that have been broken.

I want to be hopeful, but experience has taught me not to be. Still. It's hard not to be, otherwise why do any of this?

Keep the hope going. Especially when it's all you've got.
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#18
I would definitely when you are in court be saying your ex partner has shown a total disregard to anything this court has ordered . She seems to do whatever she pleases at the same time not considering your sons wishes and feelings by yet again moving again as soon as this family court has made an order. My ex partner shouldnt be allowed to keep on moving disrupting our sons education/ routine just so she can prevent him having a loving relationship with his father. This is done to prevent contact and has been done out of malice. I feel our son should remain at his current school where he is settled.

Where is your son going to school at the moment? Maybe you should if you dont already pick your son up from school friday and return on the monday and have a few days during week where you can do the same tuesday after school until thursday morning for example.

In an ideal world they should just order your son remains at his current school and if she doesnt like it then she should be the one that has your son every other weekend and 1 day during week see how she likes it. She will soon move back to the area wouldnt she?
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