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Relocating Child 300 Miles Away 60/40 split

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  • Relocating Child 300 Miles Away 60/40 split

    Hi Everyone,

    Apologies this is my first post. Not sure how this works

    My Ex is currently applying to the courts for a Child Arrangement Order in order to relocate my 3 year old daughter 300 miles south (Surrey) of where I currently live (York) to be with her new partner. We currently have a rough 60/40 split.

    We both grew up in york, have family here but moved about an hour west. I moved back with family after the split.

    The move would mean the current arrangement changes dramatically and she's proposing alternate weekends.

    I refused.

    Her new partner is a widow, and wont move his kids up north given they are 8 and 12

    How strong is her case? I know the law states that its the best interests of the child but is this where the mother really gets favoured?

    I feel like her mum may also use underhand tactics, here and make false claims against me just to score points in court.

    Thanks
    Tags: None

  • #2
    I doubt that the court will object to her making this move. Yes, it will change the arrangements dramatically, but such is life.

    Comment


    • #3
      Thanks for the response. In honesty that hurt. This is my life so I ask you please donít just say things totally off the cuff if youíre not sure or think you know how things work.

      can I ask what makes you think this? Do you have any experience in this field?

      Comment


      • #4
        It may help if you understand some fundamental points in the Children Act 1989. These guide the way that the courts look at things.

        1. The Act says that the paramount concern is for the welfare of the child. Yes, the welfare of the child, not the parents or what they may think of as their 'rights' (s1(1))

        2. The Act says that the court must presume (unless there is good reason to the contrary) that the continued involvement of each parent in the life of the child will further the welfare of the child (s1(2A)).

        3. The Act also contains a checklist of factors the court should consider (s1(3)).

        These are all in section 1 of the Children Act 1989: https://www.legislation.gov.uk/ukpga/1989/41/section/1

        So, I agree that the court will not prevent the mother from relocating to another part of the country. But it will want to make an order that recognises the need for you to have good quality regular involvement in the life of your child. This could be through contact, arrangements for the child to spend time with you at your house etc.

        I would recommend you to try to work out proposals covering these matters that you can make at a MIAM appointment (mediation) or to the judge (or both).
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by PM.

        Comment


        • #5
          Thanks for your response.

          Yes I am aware of all these points you make. My argument is that if she moves then good regular contact is impossible. The 60/40 split we currently do will be, given the journey time, limited to every other weekend at best. Not only with me but with her wider support network (grandparents, aunties, uncles, friends)

          How could a judge rule that in the best interests of the welfare of child?

          itís imperative she has good regular contact with both parties and this isnít every other weekend and 10 hour round car trip.

          We have gone through MIAM to no avail.

          Iíve spoken to a lawyer but theyíre not always direct with answers. So wanted to hear if there was any experience of these cases on here.

          sheís been with her new partner for less than a year. Moving into a house that 2 other kids have just lost their mother. How can a judge rule this in the best interests?

          Comment


          • #6
            Understand that you are not going to stop the lady from moving, and nor is a judge.

            Understand also that the WELFARE of the child is the court's paramount concern.

            If mediation has not worked, then work out and make your own proposal for arrangements that you would like the court to consider.

            If you have not seen it, you may find a book called "(Almost) Anything But Family Court" helpful.
            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by PM.

            Comment

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