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Stopping my ex taking my sons to Scotland

  • chrismwales
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11 Jul 12 #342454 by chrismwales
Topic started by chrismwales
Can anyone help please. My ex girlfriend stopped me seeing my sons last year, for a reason so pathetic and ridiculous it doesnt bear explaining. I have, thanks to the help of their school, had minor contact with them enabling me to give them xmas presents etc and see them in the school nativity. The last time I saw them was Boxing Day. it has really upset me to the point I darent go out in case I did something stupid. I have now got to the point where I feel strong enough to take the ''person'' to court and fight for my boys. However in the last couple of weeks I have heard she is thinking of taking them to Aberdeen. A few people have said that she cannot do this without my permission as I am classed as a ''something'' parent, ie having as much say on their lives as their mother. So I have been told to take out a Prohibitive Steps order to stop her from doing this (not as I have much faith in the system working).I know I need to apply to court but until my first proper pay day at the end of this month I have nothing. How do I go about doing this before she makes her move? Sorry for the long-winded question but I am desperate. Thank you in anticipation

  • Confused67
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11 Jul 12 #342461 by Confused67
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IS she going on holiday or moving there with the children?

  • rubytuesday
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11 Jul 12 #342466 by rubytuesday
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Welcome to Wikivorce, although I''m sorry you have a need to be here.

If you have Parental Responsibility, she would need your permission to re-locate. But that often doesn''t stop resident parents from moving away, they just move regardless.

A PSO (prohibited steps order) would prevent your ex moving your child outwith a certain area, or to a certain area. To start this, you would need to complete a C100 form, and the court fee is £200.

Does she have family in that area, has she a job and housing lined up? Internal re-locations are very rarely prevented if the courts believe that the child will benefit from such a move, and that for one parent to try to prevent the other from re-locating is some sort of infringement on their freedom (actually, a PSO wouldn''t prevent her from moving, but from moving your child).

I think you need to try to establish as many facts about this alleged move before submitting a C100 - this could just be hearsay with little foundation.Are your children happy and settled at school, with local friends and activities? Is there extended family in the area you are currently in? Ie - is the child''s established life in this area and there is nothing for them in terms of family, better schooling, better standard of living in Aberdeen.

  • u6c00
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11 Jul 12 #342473 by u6c00
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It is possible. Fill in a C100 form asking for defined contact and prohibited steps order. The application fee is £200

You could apply to make the application ex parte (which means that she won''t receive notice of the application or a chance to defend it). I believe that to do this you have to fill in form C2 and ask for permission from the court. I may be wrong about this. Some courts also charge extra to do this but not all do.

I would say that actually this is probably not your best course of action. With there being a long gap in contact, there is a ''status quo'' in place. You may be successful in your application, however as soon as she is served with the order, she will likely apply to the court for it to be discharged. She has a right to live where she wants (as long as she is not moving to frustrate contact, or moving somewhere that is completely inaccessible), and unfortunately to a large extent you have to accept that. It sucks, believe me I know. I am going through something similar myself, and I know first hand that it isn''t fair to you or to your child/ren.

From your post, it sounds like all you know at the moment is that she might be considering it. I wonder, if she is the vindictive kind whether being told that she can''t do it (by a PSO) is more likely to motivate her to move, therefore changing her ''maybe I should move'' to ''I AM going to move as far away as I can''?

Regardless of what you do with the PSO, I would apply for a contact order anyway. Your children have a right to see you.

Best of luck

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