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Relocating

  • mykids
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21 Sep 14 #445057 by mykids
Topic started by mykids
Hi, wonder if anyone can help me. I am intending on moving from my area. I have sold my house and want to move 90 miles away. Theres many resons for the move, my partner of 3 years lives there, I can afford a house in that area but not where I am now, work wise it''s much better, I own my own business which has the potential to grow much better in the other area where as I can not improve on it here and therefore am really struggling financially., as well as I have the option of a job in the new area but not here............anyway, my question is can my ex stop me? an do I need his permission?...........I have 3 children. my eldest is 20 and lives away. My 14 year old currently lives with my parents due to his behaviour towards me and my yougest and we are working through things (his behaviour has been linked to what we went through with my ex) and my youngest is 11 and lives with me. My ex only has access to my youngest (the elder 2 don''t want anything to do with him) and this access is supervised (by me as there is no one else is willing) for 4 hours fortnightly. It was an abusive relationship which was proved in the family court during the divorce process and I fought for 2 years to stop him from having my children unsupervised because of his abuse. He has a police caution for an assault on my daughter. He was told by the court to complete courses (anger manegment etc) by Feb 2013 but he didn''t yet still took me back to court to try and get more access which he was denied and again told to do the courses. This was over a year ago and he still hasn''t done the courses........Would he be able to stop me from moveing? and also, If I manage to live away from here, would it be my responsibility to return every fornight for the access? TIA

  • juliette0307
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21 Sep 14 #445059 by juliette0307
Reply from juliette0307
I''m not sure what the legal position is, but i would say that a one and half hour drive (OK three hours return trip) is an acceptable compromise if the move gives you so much better prospects to enhance your life.

  • Fiona
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22 Sep 14 #445071 by Fiona
Reply from Fiona
The courts don''t normally restrict adults'' freedom of movement but without your ex''s consent he may apply to court to try to prevent the move or change of school. When children spend a substantial amount of time with both parents a court may decide it''s less disruptive to schooling and relationships with friends and extended family to stay with the parent who isn''t moving. That doesn''t apply in your case.

However if your ex has Parental Responsibility changing schools should be agreed if at all possible otherwise your ex could apply to court to prevent the change or argue your child goes to a different school. Also the parent who moves away may be expected to travel and facilitate contact so you need to think about the practicalities and costs in time and money to maintain contact at the current level.

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