[Solved] How to stop ex wife moving 100's of miles away

Apologies I neglected to add I have 3 children aged from 9 to 5 years old, it's them I do not want to move to Wales/Manchester not my ex wifr. Thank you. Andy

Hi Andy

You just need to find the family court for your area and take or send the form in with the fee.

Many dads here have self represented with success, it's doable and there's plenty of information about the process in the stickys at the top of the legal eagle section.

If you feel that their departure is imminent it would be advisable to apply for an urgent Prohibited Steps Order, you can do this on the C100 form that the mediator provided.

Courts are careful about preventing free movement within the country and you would have to build a good case for your ex to be prevented from moving. Have you had regular, long term contact, is your ex moving to be near family, or will the move mean that the children are being taken away from their wider family? Has she appropriate accommodation arranged and looked into the schools in the area she wishes to move to...these are the sorts of questions that the court would want answers to.

If we can help in any way please don't hesitate to ask.

Hi there,

Many thanks for your reply, it is very helpful. I have had regular contact since I took her to court for access as she stopped me seeing them after I left her, the children have mentioned Wales and Chester, we live near Colchester, all of their family are Essex and Surrey, so no they would not be moving close to family totally the opposite, I wouldn't have a clue what she has done regarding schooling as we do not speak, the children all currently go to the same school in the village which is a 4 minute walk from where they live. I believe she has fallen out with a few of her friends in the village as they are fed up with her needy attitude. I have spoken to someone who told me to post the C100 form to Chelmsford County Court with a covering letter and ask them to call me so I can pay the £215, they said that is the quickest way to do it?

Also, as she will lie to get her own way I have copies of the house which is under offer, stating t is a 4 bedroom house as she tried saying it was a 3 bedroom during the divorce, I assume that would go in my favour in court if I prove her to be a liar?

Many thanks again for your help, it is much appreciated.

Kind regards

Andy

Sorry to be a pain, I have just been informed they are moving 2 hours away, what is the likleyhood the court would uphold my request as they have apparently sorted schools/jobs etc. and she is marrying her boyfriend this year, not sure if that makes any difference?

Many thanks again in advance for your help with this.

Kind regards

Andy

Strictly speaking she should discuss all important decisions such as education and mediacal issues and should be supplying you with information about this if she is moving away. If you have a court order in place then she should also be discussing the move and what arrangements she will put in place to keep the contact on course.

I think even if you don't succeed in preventing the move, the court action would delay it and they would also expect her to make arrangements about travelling for contact, it would be reasonable to ask the court that she shares this with you if they allow the move. The courts decision will be what they consider is in the childrens best interests, the fact that she hadn't included you in discussions about her plans, that the childrens wider family all live in the area she is leaving will count, but whether it will be enough is debatable.mits impossible to second guess what the court might do I'm afraid.

It would be quicker to take the form into the court in person and pay for it there and then... stress the urgency of an urgent hearing, stating the house is sold, she is not communicating with you and you already have an order in place that is likely to be breached as she is moving a long way away, which is imminent.

Best of luck

Hi there,

Mojo has given you excellent advice. Chelmsford is the court you need to send the paperwork to or attend in person for an urgent hearing, it's possible an urgent hearing could be listed at either Chelmsford, Colchester or Southend courts as they all come under the same cluster. I would advise attending in person as the courts are notoriously slow administratively and you are likely to get a hearing listed within a few days.

A move two hours away might be difficult to prevent, however, a court decision will at the very least lay out arrangements for contact and travel. Don't go into too much detail at this stage about proving her to be a liar, focus on the imminent move as the court will expect her to have proposals laid out for the contact, travel, education and housing for the children.

Good luck and let us know if we can help further.

Hi Yoda, and thank you and Mojo, you have been very helpful. So can I just turn up at Chelmsford court and tell security I am applying for an urgent prohibitive steps order and they will direct me to who I need to speak to? I do not think I will stop the move, it's not quite Wales if what she is saying is the truth and they are moving to Lincolnshire, but having asked 3 times if she is happy to meet half way and her ignoring the question each time I feel I have to take this to court to see if the judge will force her to help with the travel, do you think that would be possible or could they say I have to drive to them and drop them off, even if it is over 2 hours away?

Thanks again for your help guys, much appreciated

Regards

Andy

Hi

Yes, you just turn up at the court and say you are there to make an urgent children's matter application.

It's pretty likely you won't stop the move but the court will expect her to have put forward proposals for travel. There are no laws on this issue, it will be at the discretion of the court unless they can get her to agree a fair arrangement.

In these cases, what I usually see is that you meet at a half way point for handovers or you do one journey each. There's also usually an increase of school holidays offered if there is any loss of contact from the current arrangement. The judges at Colchester are pretty good, even the magistrates which is rare! 🙂

Good luck! Keep posting and we will do what we can to assist you.

Hi Yoda,

Thanks for that, I have pretty much resigned myself to the fact that I won't stop them moving, but because the split has not been amicable in any way I know unless I get something from the court she will really mess me around again regarding seeing the kids so best I get it sorted. I will keep posting if you don't mind and will of course let you know the outcome as it may help others in the future.

Have a great long weekend and thanks again for your help.

Regards

Andy

Hi guys, just a quick update, I went to Chelmsford court this morning with my C100 form, I had to fill out another form that was quite long winded but the security guy was really helpful and put me in touch with a woman who checked over the form, took payment and said a judge would look at it today so I should expect contact from them in the next few days. The judge will decide how urgent it is.

Great advice guys, I would have just posted it but this way it is already in the system, not holding out to stop the move but hopefully the judge will put something in place meeting half way etc., also if she is lying about where she is moving to it will be on file, as that is a distinct possibility.

Thanks again guys, will let you know the outcome.

Have a great week.

Kind regards

Andy

Thanks for the update Andy.

Hopefully the court will see the need for urgency and set the hearing in the next few days. We will do as much as we can to support you.

All the best