ChatterBank2 mins ago
Ex wife moving with our 2 children in with new partner after only 2 months
My ex wife and I have 2 children (aged 4 and 5) which live with her but I have them every other weekend. They currently live about 25 miles away. She is planning to move into her new parters house which is about 60 miles away but she has only known this person for 2 months. She has given up work and is moving in 1 months time.
I am worried about the children moving so far away and in with someone after so short a time. I have objected to the boys moving and asked that I have the boys full time but she has rejected this.
Do I have any legal rights to object to or stop the children moving?
Many thanks,
DM
I am worried about the children moving so far away and in with someone after so short a time. I have objected to the boys moving and asked that I have the boys full time but she has rejected this.
Do I have any legal rights to object to or stop the children moving?
Many thanks,
DM
Answers
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Both parents have Parental Responsibility giving them equal rights and responsibilities to decide where their children live and go to school. If arrangements cannot be agreed it is open to either parent to apply to court to regulate PR. However, the possible negative consequences of applying to court need to be considered.
Freedom of movement is a human right and the Courts are clear that usually it would be inappropriate to restrict an adult from moving within the UK. The exceptions to this are when the move is to somewhere inaccessible or when there is a poor contact history with court orders not being complied with. Applying to prevent a move can be perceived by a judge as being controlling or aggressive.
When there is a history of 50:50 or almost 50:50 shared care it may be deemed less disruptive to schooling, friendships and relationships with extended family for children to live with a parent who stays where they already live. If care is shared in different proportions the probability is that maintaining the existing arrangement with the same parent having the majority of care will be seen as in the best interests of children.
Should being taken to court be perceived by your ex as a hostile step and have a negative impact on your long term relationship as parents then perhaps it isn't worthwhile as the probability of changing residence is low. On the other hand if you have experienced contact problems in the past applying to court should at least give you the possibly of having proper arrangements for contact or shared residence in place before the move. Shared residence doesn't have to be 50:50 and can be appropriate even if parents live a distance apart.
Freedom of movement is a human right and the Courts are clear that usually it would be inappropriate to restrict an adult from moving within the UK. The exceptions to this are when the move is to somewhere inaccessible or when there is a poor contact history with court orders not being complied with. Applying to prevent a move can be perceived by a judge as being controlling or aggressive.
When there is a history of 50:50 or almost 50:50 shared care it may be deemed less disruptive to schooling, friendships and relationships with extended family for children to live with a parent who stays where they already live. If care is shared in different proportions the probability is that maintaining the existing arrangement with the same parent having the majority of care will be seen as in the best interests of children.
Should being taken to court be perceived by your ex as a hostile step and have a negative impact on your long term relationship as parents then perhaps it isn't worthwhile as the probability of changing residence is low. On the other hand if you have experienced contact problems in the past applying to court should at least give you the possibly of having proper arrangements for contact or shared residence in place before the move. Shared residence doesn't have to be 50:50 and can be appropriate even if parents live a distance apart.
The courts aren't biased against men. Equality is treating people in the same position in the same way.
The majority of men (90%) in employment with dependent children work in full time inflexible jobs whereas the majority of women with dependent children don't work or work part time to fit around commitments to children. See;
http://www.dad.info/w...k-and-kids-in-the-uk/
When parents separate the law says that generally not disrupting a child's sense of security and established bonds is in the child's best interests. That means that fathers are disadvantaged and usually a child will live with the mother for the majority of the time.
However, fathers are treated in the same way and when they look after the children most of the time before the parents' relationship breakdown there is every probability they will continue to look after the children most of the time after separation and the mother is disadvantaged.
The majority of men (90%) in employment with dependent children work in full time inflexible jobs whereas the majority of women with dependent children don't work or work part time to fit around commitments to children. See;
http://www.dad.info/w...k-and-kids-in-the-uk/
When parents separate the law says that generally not disrupting a child's sense of security and established bonds is in the child's best interests. That means that fathers are disadvantaged and usually a child will live with the mother for the majority of the time.
However, fathers are treated in the same way and when they look after the children most of the time before the parents' relationship breakdown there is every probability they will continue to look after the children most of the time after separation and the mother is disadvantaged.
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