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I have had a shared care agreement in place for sometime ahead of final custody hearing that was meant to be next week. On the day that we were going to exchange statements my ex-wife announced she had a new job about 40 miles away and said she was moving to the surrounding area without providing any details.
Under a shared care agreement, is she allowed to move 40-miles away as it will stop me seeing my son during the week and spending as much time with him at the weekend. She has got a job further away for this very reason when there are positions she could have obtained locally. She doesn't necessarily have to move to take the job as he is very happy where he is at nursery, and surely cafcass will see that his interests should come first. Cafcass also suggested that she should spend an equal amount of time with me as she cannot cope with the stress and generally needs a break. There are enough other circumstances which mean i have a shot at full custody that I cannot divulge here. My worry is cafcass let her take him to a new nursery and so when it comes to a re-arranged final hearing they will not budge, she will have bought a house with the settlement and cafcass will say he shouldn't move nurseries again.
i am concerned there could be a fait accompli that will effectively mean i don't get my say in a final hearing.
any thoughts / advice?
A court is unlikely to issue a prohibited steps order to prevent her moving 40 miles for a new job unless you can prove that it is to prevent or obstruct contact - there may be jobs she could take locally, but I'm sure she could come up with a convincing reason as to why that particular job is better than a local one.
If you have good grounds to go for residence (now child arrangement orders) then I would get some advice - the courts are generally reluctant to change the residence unless there are very solid concerns about the child's wellbeing. Your option (after advice) might be to keep your daughter and immediately apply for an emergency order, but if the court doesn't agree with your reasoning, it could backfire on you.
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