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Moving children away

  • SourceUnknown
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31 Aug 19 #509428 by SourceUnknown
Topic started by SourceUnknown
So I have applied for a divorce and she has signed the first part.

Right now we live in our home with the children, they have family near by (grand parents, uncles, etc)...they have friends, love their school and their lives and the kids are very happy... especially given the situation to which they know about.

She has been internet dating for a while, and she met someone about 3 months ago...just recently she spent a weekend with him and he told her there was no spark. In the past few weeks I took my children on holiday, whilst I was away he confessed his dying love and made a big mistake and I was happy for her.

Fast forward two weeks and I return from holiday, to be told she had found new schools for the kids in his area quite far away...she was going to transfer her job to a vets local to him and go live with him and take my children. She has a low income, I've paid for everything we have, and she couldn't afford to do that without support of a man she has met in person just 1 month ago or so.

The location would be far from anyone, no family for the kids, uplift of school and they would not be able to see me weekdays as it's to far to realistically see them and they be able to go to school around both us working.

She would not be moving for any better pay, nothing to suggest an improvement for the quality of life for the children. She argues they have a good school... except the house I bought for us now has a consistent outstanding school, but we asked our children about changing but they have such a repore with the teacher and children they were really empathic about staying at their current school so we agreed they should.

She has been on new medication for years of medical depression, I'm worried she is jumping into a relationship with both feet so quickly that starting off on the wrong feet. I ultimately wouldn't care, but the fact she is uplifting our children for that. I've asked her what if he left her, she says "he would never leave me"...hugely irrational behaviour knowing someone 3 months.

Can I block her moving my children away in these circumstances, as I understand it should benefit the children. Moving closer to family, better paid job for the parent or something but none of these tests apply? And normality / stability should also be prioritised?

  • Steven Wade
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01 Sep 19 #509431 by Steven Wade
Reply from Steven Wade
If you wish for the children to stay where they are the court application you will need to make is one for a PSO (Prohibited Steps Order). Assuming there are no existing proceedings you will need to complete a C100 form (and possibly a C1A if you believe there is a risk of harm).

In my experience there is about a 50% chance of this sort of thing succeeding - it has been increasing in the decade plus I've worked in family law. Even if it doesn't it will give you a chance to put a plan in place for your children, buy you more time to make arrangements and enable you to gather information.

The alternative option is to tell her you're happy she's found someone but for the children's sake they need to stay in their home area with their friends, school, family members, etc. She will of course object to this.

With all the above in mind it's worth doing your research. Can you cope with the children living with you? Can you find somewhere to live closer to where she is intending to take them? What contact do you want in each scenario?

Lots of work to do!

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01 Sep 19 #509434 by SourceUnknown
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Thanks again, I cope well already with the children living with me...when I'm in the country and not working away I work from home and end up cooking, cleaning, taking them to school or just having them 24/7 in holidays as the soon to be ex can work some long hours.

However, I'm not looking to take away custody...I just would like them to be at the home place they have lived since birth because it's not just me that won't get to see them it's their grandparents, aunty / uncle etc who take a lot of the burden of collecting or dropping them off at school when I'm not there.

I want what's best for them, and ultimately where they are now they enjoy a very good quality of life.

This move to take them away on a whim of a 3 month old romance is far away from every thing and every one they know and love except their mother of course. The new partner has no children and only work commitments so no reason if he loves her couldn't relocate with minimal upheaval.

It's a typical irrational move as associated with her long standing mental history, I don't want them hold that against her but it's these hasty choices how she ended in an iva previously and now she's doing it with our children. She's no problem to the children and I don't want to say she's a bad mother as she isn't and there is no risk of harm.

Follow her crazy ideas but I want to block it affecting the children. I will start with your forms as she has already objected to your suggestion, I'm the last person she will reason with - convinced I'm trying to keep her here for sinister reasons it only strengthens her resolve...

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