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Evening all
I am new here and facing a situation that I am sure is not new to many.
My ex wife and I split a few months ago. I moved out and she moved a new man in....!
We have and remained to have 50% each child care responsibilities. We both work and have done since he was born.
But a week ago I found out that her job is moving 500 miles away and she wants to take him with her. I found out when my son told me he had been to his new school and new house during half term...he is six years old....she did not tell me a thing before I confronted her.
So I have started mediation..let's see how that goes.
Where he is now he has a stable school...a strong family network with my parents and sister who look after him a fair bit and take him on holiday.
She wants to move him to Cumbria to a new school with her family 2 hours drive away. Oh and her new man will also be there!
She seems to think that she has some rights that I do not and she will always have him.
So the question is this...what can I do to mean sure I have the next chance of any judgement going my way. I have not sought this battle and and I will not be a 1000 miles round trip weekend dad.
Help please.
Mike
Hey Mike & welcome.
Sorry to hear about your situation,and that you had to find out via your son. As you have already started mediation, you will have both have to attend your solo appointments and then a joint appointment. If she refuses to attend, the mediators will stamp a C100 or give you an FM1 certificate, They will also do this if she does attend and refuses to agree.
If it looks definite she is going ahead with this, you will need to apply for a Prohibited Steps Order & Child Arrangement Order on the C100 and this costs 215.00. The first hearing is usually 4-8 weeks from receipt of application. If your ex intends to move before then, you can make an urgent without notice application to the courts.
Nobody can predict what an individual judge will decide unfortunately but when making a decision, the court will consider;
The wishes and feelings of the child concerned, The child’s physical, emotional and educational needs, The likely effect on the child if circumstances changed as a result of the courts decision, The child’s age, [censored], backgrounds and any other characteristics which will be relevant to the courts decision, Any harm the child has suffered or may be at risk of suffering, Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs, The powers available to the court in the given proceedings.
Would you be self repping or using a solicitor?
If you would be self repping, there's loads of info in the stickys at the top of the Legal Eagle Section to help you and lots of other resources to make use of;
Some solicitors offer free 30 minute consultations, Coram Childrens Legal Centre have a free legal advice helpline, you can contact the CAB & Families Need Fathers have a helpline and local branch meetings where you can get support.
Have a look at the Custody Minefield Website, it has some great info and you can google case law on the subject too to give you an idea of how to build a case. For the first hearing you would be wise to be thinking about a Position Statement laying out some background, why you're making the application and what it is you would like the court to do.
Apologies if that is a lot of information at once but it sounds like you might need to act quickly if your ex has already shown your son his new school and house. Has she told you a date that they're going?
Good luck. Any questions just ask, everyone on here is very helpful and friendly.....
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