Quizzes & Puzzles1 min ago
can my ex stop me moving?
i want to move with my 9month old daughter to another part of the country and i want to know if my ex can stop me? he plays mind games with me, emails me threats over my daughter and makes my life a nightmare over anything and ive reached my limit, so i think it would be best away from him to start fresh and still let him have access. can he stop me? help!
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The simple answer to your question is 'No, he can't'.
The only legislation which bars you from moving to (or travelling to) other places is that which refers to leaving the country. (There are no restrictions as to where you can live within the UK). While not directly relevant to your question, I'll summarise the law for you:
If your partner has parental responsibility and you've not got a residence order, you can't take your daughter out of the country (even for a day) without his permission.
If your partner has parental responsibility and you've got a residence order, you can take your daughter out of the country for up to one month to a time without his permission.
If your partner does not have parental responsibility (because his name does not appear on your daughter's birth certificate and he's not otherwise acquired such responsibility) you don't need his permission to take your daughter anywhere in the world, for as long as you like.
Chris
The only legislation which bars you from moving to (or travelling to) other places is that which refers to leaving the country. (There are no restrictions as to where you can live within the UK). While not directly relevant to your question, I'll summarise the law for you:
If your partner has parental responsibility and you've not got a residence order, you can't take your daughter out of the country (even for a day) without his permission.
If your partner has parental responsibility and you've got a residence order, you can take your daughter out of the country for up to one month to a time without his permission.
If your partner does not have parental responsibility (because his name does not appear on your daughter's birth certificate and he's not otherwise acquired such responsibility) you don't need his permission to take your daughter anywhere in the world, for as long as you like.
Chris
thankyou, i have kept every email due to the fact he too's and fro's between nasty and nice! sometimes feeling that he is using our daughter to get to me and control my life! hence why i feel that being further away would help limit his contol over me! i live alone and it is very stressful as it is without his threats and nastiness and this has been going on for a year now and i cant ake it anymore! thankyou for your answers
Hi amy299. It would appear on the face of it that this guy is harassing you. If you have evidence of this it would be worthwhile speaking to a solicitor about a non molestation order / Injunction. If you are unemployed or on low income you could be entitled to legal aid so it would cost you nothing other than time. My partner has a crazy ex and we got an emergency non molestation order granted without even going to court but the harassment was more serious because of violence. The order if successfully obtained could restrict this guy from harassing you via emails telephone sms or from a third party and also restrict him geographically. My partners ex cannot enter the M25 corridor for example. Serious braeching of a non molestation order can carry up to 5 years in prison.
On the other hand it may well be better to speak to CAFCASS for advise about how the emotion can be taken out of this situation and both of you look for a way forward as parents and put the childs best interest at heart. It really depends upon the level of threat and the behavior that the guy is demonstrating. Another alternative would be for you to get your solicitor to write with the threat of a non molestation order. You do have many options so get the support. It is out there and I wish you the best of luck.
On the other hand it may well be better to speak to CAFCASS for advise about how the emotion can be taken out of this situation and both of you look for a way forward as parents and put the childs best interest at heart. It really depends upon the level of threat and the behavior that the guy is demonstrating. Another alternative would be for you to get your solicitor to write with the threat of a non molestation order. You do have many options so get the support. It is out there and I wish you the best of luck.
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