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  • u6c00
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26 May 12 #333093 by u6c00
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Hi all

I know that you can''t tell me what the outcome will be but I am in a bit of a panic after a letter this morning. Let me give you the background.

Ex and I have a 3 year old son and she has an 8 year old son from a previous marriage. We separated and she moved out taking the kids to her new boyfriend''s house in February. She started discussing moving back to her home town 60 miles away. I applied for a PSO to stop her from moving before my application for residence could be considered.

Went to court and Cafcass had not done safeguarding checks. She made several accusations and insisted that all contact be supervised (by my family). We adjourned for a month and Cafcass then did their checks where she reiterated her accusations. Cafcass recommended that the supervision continue. Case was adjourned until August for Cafcass to do a multi-issue report. The PSO stayed in place.

I have just been informed that she has applied for a specific issue order to move back to her home town as a matter of urgency so she can sort schools out.

Obviously I disapprove of her moving and want to contest it. I don''t drive so it will entail hours of travelling and expense that I can scarcely afford at the moment being unemployed. Additionally it rules out any meaningful shared care as when he starts school I won''t be able to commute 60 miles to take him to school every morning.

Moreover, it would be a de facto win in the issue of residence if she is allowed to move, and would mean that I would have no choice but to accept an alternate weekend schedule which is something that I was adamant right from the start that I wanted to avoid (for reasons I''ve expressed in other posts). If she is allowed to move, it would mean that the issue of residence is resolved before Cafcass have reported, and sorted out the allegations that I have also made (domestic violence, drugs and mental health all of which I can substantiate). It would also mean varying the contact arrangements that are currently in place and have been for almost 3 months, with me seeing him substantially less.

Does she have a realistic prospect of being permitted a move? Should I vary my position now from aiming for shared residence to sole residence as by moving she is making shared residence unfeasible, or at least less feasible?

My son has a large extended family where he is, and a stable life. My ex has almost no family and now is planning to move again after only 3 months. The eldest child will have been to 6 different primary schools in 4 and a half years, and I don''t want that life for my son too. As well as that, she moved herself and the children in with the new boyfriend just 2 and a half months after meeting him, and told me she was engaged. He owns the home that he is in now so I don''t think he will be moving too. Now it seems that she is off again, if she meets a new boyfriend, how long before she moves the children in with him? How long will this go on for, with the children having no stability, no consistent home or school and a new father figure every few months?

None of this changes my application for contact with the elder child.

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27 May 12 #333301 by u6c00
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Does anyone have any advice on how likely her application might be to succeed?

  • Fiona
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27 May 12 #333351 by Fiona
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I would be surprised if a decision about the move was made before CAFCASS are due to report.

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