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Ex wife hinting to move out and take child

  • fairlyhas
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29 Apr 16 #477572 by fairlyhas
Topic started by fairlyhas
Hi All,

We are divorced but pending house sale and financial settlement.
I am the main carer of our 10yo boy.

Wife works full time and has hinted she would take our son with her.

Care is about 95% me, 5% her.

Is there anything that can be done to prevent her taking our son when she is clearly not and cannot be the main carer ?

She is the type to do this just to spite me.

Thanks

  • Fiona
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30 Apr 16 #477580 by Fiona
Reply from Fiona
Both parents have equal parental responsibility so arrangements for children need to be agreed. If no agreement can be reached either parent may apply to court for a judicial decision.

The orders are a Child Arrangement Order to determine where a child lives & with whom they have contact, a Specific Issue Order to determine a specific issue such as change of school & a Prohibitive Steps Order to prevent something from happening a reverse a change back.

Problem with going to court is it leaves parents feeling resentful & resistant so usually it''s better avoided if at all possible. In most cases the applicant to a court case is expected to initiate a mediation Information & Assessment Meeting to find out about mediation & whether it is appropriate in the particular circumstances.

Having said that if one parent is about to unilaterally change the status quo or has already changed it the court may be prepared to hear the case quickly without mediation & restore the status quo, if it''s in the best interests of the child.

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30 Apr 16 #477595 by fairlyhas
Reply from fairlyhas
Thank you for the information.

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01 May 16 #477624 by fairlyhas
Reply from fairlyhas
I''ve been going through the paperwork and we both signed and agreed a statement of arrangements for children that he continues to stay at the address we are at now. This was sent to the court.

Does this mean I still need a prohibited steps order or similar?
Or is this enough to ensure the status quo continues ?

Thanks

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