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Hi Guys
I am needing advice about Prohibited Steps Orders (Daughter is 5 Years Old) but worrying about them not being granted very often after reading reports. My general story is below so any help welcomed greatfully
Me Ex is wanting to move my Daughter 107 Miles away from me on 9th December
We are currently in the middle of a Contact Arrangement Case as i have been prevented from forming a relationship with my daughter on three seperate occasions for periods of 8 months, 3 Months and another 8 Months. The reason she has given is that i am unreliable as i missed 2 arranged Pick Up arrangements due to a medical issue
I have tried consistently to contact her but she has had me blocked and refuses to communicate at all. I have Parental Responsibility for my daughter but she has not included me in any decision concerning my daughter. Once it became clear that communication was not going to happen i applied for Mediation but she refused. I then made the c100 application and we have had 3 court hearings but nothing has been agreed
CAFCASS have done a section 7 and have suggested that i be allowed to see my Daughter immediately due to the fact i have not seen her for so long. Starting with short stays and building up once the trust is back then i can see her every weekend.
I have been accused of being mentally unstable and not safe to look after my daughter, i have supplied my medical history to the courts and cafcass and all parties are happy.I have been accused of not providing Financially (Something i can prove is not true via statements) and also emotionally (Without being allowed contact how can I) I want to be an active part of my daughters life and believe that i have tried everything that i can but she just wants me out of my daughter's life completely.
She is now planning on moving my daughter over 100 miles away, she has a new partner and it is my belief that she is making the move for two reasons, (1) to be closer to him which is her perogative but (2) to try and eliminate any kind of relationship between myself and my daughter.
We have both submitted witness statements to the court that confirms our daughter is a happy little girl. She is doing well in school, has made lots of friends and most vitally of all she has all her family within a 10 mile radius of all of us. My Daughter has indicated that she would like to have a relationship with me when asked by CAFCASS.
I believe the move will upset my daughter as it means a new school and the only people she will know is her mum and partner and his son. Her mum has no job lined up and is moving into private rental (Formerly Council) so i worry about how she is going to finance the move for our daughter.
My Reasoning is that my daughter has everything she needs where she is, Happy School, Financially stable, two loving homes, two loving families and it is my belief that the move is too be closer to her new partner and try to totally eliminate me from our daughters life. I don't believe it enhances my daughters future by going to a strange place with none of the people she has grown up with since birth around her
I am now in the position of applying for a Parte ex Prohibited Steps Order and having to do it alone as unable to afford Solicitors Fees
If anybody has been through the process of applying for a PSO and anything related to it that would be able to assist it would be great to hear from you.
hi, i would make the application and ask for an urgent hearing, explain that it would cause upset to the child and there is no good reason for her to move away and upset the contact with your daughter
its an area im afraid im not very experienced with
Hi there
Has the move been mentioned during the hearings?
As you have an ongoing case, you can make a PSO application for urgent new directions in the existing case using form C2, I think it cost less to make the application this way too. If you take the form I into court in person and impress on the staff that you need to get the case back before the court immediately as she is planning to move on the 9th, they should get it back before the court quickly.
All the best
I was initially told the move “Maybe” happening in September
Was confirmed at the last hearing (9th Nov)
How do i present the case, obviously i have to discuss how moving away ultimately affects my daughter but what else do i need to mention
Am i certain to get the same judge as is residing over the Arrangement Order or could be different ?
Was there no comment made at the last hearing about the move? Are you going to make the application within the existing proceedings?
I would concentrate on the fact that she would be leaving behind all of her wider family and the support that that provides for her, that the mother isn't moving for work. Question the suitability of the accommodation and whether she has looked into the school she would be attending. Also share your concerns about moving to be with a new partner, if they have only been together a short time, m ention that if they were to separate, your child and mother would be isolated from family support/safety net. You can mention that you're concerned the move is also about making contact with your daughter more difficult and what the mother intends to do to facilitate regular contact if the move goes ahead.
You might get the same judge, you might not. When you submit the application you can attach a covering letter, but if you're making the application with the C2 form then the judge that has been hearing your case should get sight of your new application.
All the best
All that was mentioned was she was prepared to meet half way, although in the witness statement since she has suggested i go there once every two weeks (for a few hours) then she comes here every two weeks. Once every two weeks isnt enough for me and it would mean our family would see her every four weeks which is not ideal. I feel she has suggested this as she will come back to visit her family on the week she brings our daughter so its not to assist contact it is purely cos she will be coming anyway
The Judge made the point we had to agree on it and meeting half way would be a poss solution but my fear is the amount of travel involved for my daughter (almost 5 hours) to spend just a few hours with daddy
She mentioned in her own witness statement that she depends on family a lot for child care so this is something i will be pushing
I worry about the financial strain on myself having to travel down and then have to pay for activities to do with my daughter
Can I ask why you didn't ask for a PSO at the last hearing? It sounds like you've got part way in to an agreement and not told the court you are opposed, or have I read this wrong?
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