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Hi
I'm coming towards the end of my divorce with my wife. We were married for 3 years and have a 20 month old son.
The divorce started in November and she was in a relationship by December. She's now planning to move from Hull to Brighton with my son, about 250 miles away
Reasons I don't think she's right to move him:
- She's moving him away from me to a distance which is almost inaccessible
- I have have access to his 2 nights per week, and paying maintenance
- She'll be moving him away from his family, particularly my parents who look after him once per week
- Moving him out of a nursery he's settled at
- She's only been with this guy since December, and only seen him about 5 times. He hasn't even met my son yet
- She's moving into rented accommodation in Brighton, when she has the opportunity to get a mortgage in Hull with the divorce settlement if she stays
- She's on anti-depressants for anxiety, and not in the right frame of mind to be making this decision
- She's leaving a job, and moving to Brighton with no job to go to
- It's unfair for a chlid to spend 15 hours in a car every other weekend to see his father. Eventually this will become an issue when he's older and has activities, and things to do on a weekend
- Her boyfriend has no family network n Brighton. He moved there with his ex, and split up. He stayed there for his kids, but all his family live in Hull. Therefore it would just be those two.
Her argument:
- He's moving to a "better" city
- He's going to live with 2 other brothers (her new boy friend has 2 boys he sees every other weekend who would stay in the same house when he has them)
- She said she would meet me half way in the car when i see him, and can have him for longer periods during the school holidays?
Do you think I have a case to stop the move if i issued a prohibited steps order?
Any advice would be much appreciated!
Hi There,
.
I don't have the experience to comment, but keep checking back and someone with experience will post a reply.
.
GTTS
One of the things I have learned from this forum is to always think of things with a clear mind.
I can understand how this must feel for your son to be moving away. In my opinion it is always better to have both parents in a child's life.
Her boyfriend is not your concern firstly, unless he is a danger to your son I would accept that they are together and limit your thoughts on him.
Her suggesting to meet you halfway is a good call. Personally I would apply to the courts to get an order whereby this is set in stone accompanied with the time in which you will spend with your son.
When ex partners move away they create all kinds of emotions, especially as it feels as if they are trying their hardest to get away from you. That may not be the case though. What is there in Hull for her? This is not just about your son. Your ex is entitled to a life too and one where she can do what she can to enhance it. She may be moving to leave the bad memories behind, wanting a fresh start... Your son is at nursery and you will be surprised by how easily children adapt to a change in circumstances.
Take some time to think about it but be reasonable.
Good luck 🙂
I think you've outlined some good reasons why her move isn't a good idea. You have the option of applying to the court for an emergency Prohibited Steps Order.
At the very least it will delay the move until the court can look at everything and decide what is in your child's best interests.
The fact that the relationship,is still very new and he hasn't even met your son is compelling, as is the fact that she is on antidepressants and is leaving her support network of family and friends.
You can use a solicitor or you can self represent, you would need to apply for an emergency order and tell the court the move may be imminent. You would use form C100 to make the application and because it's an emergency application there isn't the requirement to attempt mediation first. If you are self representing it will cost £215 to make the application, if you use a solicitor be prepared for it to cost a lot more.
All the best
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