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Hi all, I'm after a bit of advice and after spending countless amount of civ time on the phone and Internet I'm still none the wiser.... I am a father of 3 that live with me full time, the youngest 2 have a contact agreement to see there mother, my problem is that I wish to move away with all 3 of my kids so we can move in with my soon wife to be who is expecting our baby. My problem is how do I go about getting the contact order my ex has changed or even better removed completely? (I have spoken to my ex and she has said she wouldn't stop us moving away) I have tried the cab and another website they told me about but tbh it's far to expensive for me to get a solicitor involved.
Any help would be appreciated.
Hi there
If your ex has agreed that the move can take place then that's a big help!
Would she be prepared to write a letter stating that she has been consulted and is happy for it to go ahead?
Would the move mean that contact couldn't happen, for instance because of the distance involved?
Have you discussed how the contact would take place once you have moved, for instance sharing the extra travel time to enable contact to continue?
Generally if there's nothing in the order that states you can't move, then I don't see a problem, especially as the mother is ok with it.
Strictly speaking, if the move interfered with contact, your ex could apply to court for a Prohibited Steps Order to try and stop you from moving. Or if after the move, contact didn't take place, she could apply for an enforcement order. As your ex is in agreement neither of these would apply.
If you have legitimate reasons for the move, even if she applied for a PSO to try and stop you, it's unlikely she would succeed. Courts don't like to restrict people's freedom of movement within the UK and would usually only consider stopping a move if the intention of moving was to prevent contact with the children.
If you wanted to make it more official you can of course apply to vary the order, to accommodate changes to the contact schedule. If the mother agrees to the move the case would be fairly straightforward I think...but to have an order revoked is very hard to achieve.
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