[Solved] What do i need to do?

You can apply to the court to prevent a move as Scotland is classed as another country. If she has family back there, then she may have a good argument for the court to allow the move.

Hi there

As actd has said, the only way to prevent a move would be to make an urgent, ex parte court application for a Prohibited Steps Order. It might not stop the move, but it would delay it whilst the court looked at your case more fully, before making a decision.

If you feel,that the mother would be making the move to prevent contact between you and your son and could provide evidence to that effect, the court would be more favourable. However, as actd quite rightly points out, as she is from Scotland and her family and roots are there, this would also be looked t favourably.

What you would concentrate on is the fact that she is unwilling to agree to a schedule of contact and travel arrangements after she moved, that you are unable to discuss the details of the move in respect of accommodation she has arranged and suitability of the school he would be moving to and what she has in place to provide financially after the move.

I agree that your only option is to make an urgent application for a PSO. You can do that using a form C100 and taking it down to your local court. You should get a hearing the same day.

It doesn't necessarily mean that you will be able to prevent the move forever, but even if it is allowed, at least this way you will have a court order that lays out when your son sees you and how the travel is undertaken.

Best of luck

Thanks for the replies.

She hasn't told me she is leaving yet, we basically haven't spoken since I made my post.

She probably wont be leaving imminently anyway, she doesn't actually have anywhere to go as such, or finances to allow such a move. I also think she would probably give me reasonable access to my son. There is no good reason not to, there is no history of abuse or infidelity or anything like that, and although she thinks I am an awful husband, she doesn't seem to question me as a father.

I still expect her to bang the final nail into the coffin of our marriage at any point soon. She will possibly hang around until we are forced to sell our house(well, my house its not in her name at all, we are going to be compulsory purchased within the next year or so).