I have applied for a Specific Issue and Child Arrangements Order to relocate around 100 miles to be near to family and support for my little boy and me, and for him to continue having good
contact with his Dad.
Final hearing has been listed with Magistrates. At the last hearing both
solicitors did everything in their power to request elevation to a District Judge. All that I have read and
legal advice states that relocation cases such as this should be before a Judge.
Does anyone know if there is anything that can be done about this?
I also wondered what implications it will have for potential appeals?
It does seem rather odd and unusual, magistrates rarely are legally qualified and they themselves usually deffer to a DJ, so it could yet happen.
Did either solicitor speak with the court lister to work out why this has happened?.
In terms of can you stop it, i doubt it, one of the solicitors
could apply for directions
on the basis both parties agree a magistrate is inappropriate, to a judge in family court that is.
Would using a magistrate make the outcome less solid, not easy to answer, depends on judgement, if they say yes you can go and you do before an appeal
i heard, it may be difficult to reverse, if they say no you can`t go, then it could be heard with fresh ears by a judge.
All that said leave to remove applications are always awful and complicated, nerve shredding in fact, as with all childrens applications its never forever anyway, kids grow and vote with their feet assuming they are too young to start with.
Yes both solicitors
tried. The legal advisor went to check with the DJ who was there on the day of the DRA and they apparently said that it should stay with Magistrates as it's internal relocation.
If the Magistrates rule against our son and I moving (which would be in contradiction to the Cafcass Section 7 recommendation which supports relocation), then I wondered if you know how I would go about appealing? I would probably have to self-represent (as I have limited savings remaining and low income), but even if I did this, is there a risk I would have to pay legal expenses for the respondent if the appeal
Our son is just nearly 2 years old so very small yet.
Yes, it's vanishingly rare. It remains very rare for a court to refuse permission for internal relocation. However, I agree with the
solicitors that any relocation case, internal or external, is really a matter for a district judge. It is unfortunate that one district Judge seems to think otherwise.
Another very rare thing is it for a court to disagree with a clear recommendation in a section 7 report. The court would have to to give good reasons for rejecting the recommendation.