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Hi,
Sorry if this should have been posted elsewhere - new here and after some advice!
My ex-partner and I have recently completed hearings and agreed a final Contact Arrangements Order (CAO) in relation to our two year old son. Under this order my son lives with my ex but I see him weekly, we have an agreed timetable for extended visits including overnights. My ex-partner is now telling me she intends to move away from the local area but within England.
While I understand she is able to do this I wanted some advice on the following;
· Would she still be required to comply with the agreed CAO?
· If her relocation meant that the arrangements set out in the order were no longer realistic or practical and no agreement between us could be found would she need to apply to court to request a change to the arrangements?
· Would a prohibitive steps order be worth pursuing? (for example her move has limited basis, it’s not near family or for work and the move would result in reduced contact with the father and father’s wider family).
I have parental responsibility.
Many thanks
Hi there
She should comply, otherwise she would be in breach of the order. Relocation should be discussed with you and arrangements made for contact to continue. If theres no agreement, then the only other option is to apply to court to have the existing order varied, either of you can make that application, but if you think the move is not in the child’s best interests, or she is moving to disrupt contact, applying for a PSO would be the step you take.
Generally mediation is a requirement, prior to making an application to court. However if you fear that the move may be imminent, you can apply for an urgent application without having to attempt mediation first.
There’s no way of predicting outcomes, but if she isn’t moving for work, she is moving away from her family support network and is refusing to agree contact with you, it may be worth trying.
If the child is at nursery, you would want to know what arrangements she has put in place where she’s moving to, and also that the accommodation is appropriate and that she is able to manage the move financially. If there are question marks about the logistics of the move, you would want to highlight that too.
All the best