A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


moving away and PSO

  • rubyredslippers
  • rubyredslippers's Avatar Posted by
  • New Member
  • New Member
More
22 May 12 #332292 by rubyredslippers
Topic started by rubyredslippers
Looking for some advice/thoughts please regarding my situation and possible next steps/likely outcomes, in summary:

- Divorced (absolute granted) via collaborative law
- 1 child with ex husband (almost 4 yrs old)
- Agreed that care for child will be by shared arrangment between ourselves and this is set down in the collaborative agreement
- current arrangements are ''shared parenting'' so 3 nights with dad and 4 nights with me (NB - this hasnt been working so well and needs to be changed)
- i have a new partner, now engaged
- planning to move 100 miles away from previous family home - daughter to come with me
- ex not happy.
- been to 2 mediation appointments - he has been less than constructive in both meetings

- i have sent an email saying that i will be moving in the summer taking daughter with me BUT that contact will continue but on a different pattern

- i understand i have the legal right to move, and that he cannot stop me moving with our daughter as long as:

- the new address is not inaccessible or remote AND that I am not moving to solely obstruct his access

The reasons for the move being new partner and being head hunted for a job in a new area. And mediation because of this plus unhappy with current care arrangements.

after the move I have offered him fortnightly weekends plus big chunks of school holiday time with daughter. more than reasonable i think.

Ex has responded to this email by taking legal advice and sending me a solicitors letter threatening me with a Prohibitice Steps Order if i do not agree to maintian the staus quo within 3 days!!

Questions are:
1) does he have a leg to stand on?
2) is it likely a court would grant a PSO to stop me moving 100 miles away?
3) should i be worried and do i need to replyto the letter or wait for formal legal advice and take it from there?!

Thanks in advance for any replies!

  • jslgb
  • jslgb's Avatar
  • Platinum Member
  • Platinum Member
More
22 May 12 #332293 by jslgb
Reply from jslgb
I cant offer you any legal advice but just wondering if there were ways to pacify the ex? Have you considered what the travel arrangements would be once you move? Does your ex drive? Does he acknowledge that shared residence isnt working?

I''m sorry thats probably not much help but i didnt want to read and run!

Good Luck!

  • Rumplestiltsk1n
  • Rumplestiltsk1n's Avatar
  • Platinum Member
  • Platinum Member
More
22 May 12 #332294 by Rumplestiltsk1n
Reply from Rumplestiltsk1n
it sounds to me that he has a very good chance of getting a PSO issued in his favour. I would also be surprised if you dont get an application through the post stating that he is applying for sole residence with you having contact - every other weekend and half of all school holidays. I only say this as this is what I would do in this instance. Sorry!!

  • rubyredslippers
  • rubyredslippers's Avatar Posted by
  • New Member
  • New Member
More
22 May 12 #332295 by rubyredslippers
Reply from rubyredslippers
thanks for replying! Yeah i have offered to meet at a point half way between the 2 places as we both drive and even on some occasions to do the whole drive as i will still be visiting friends and family in the area from time to time (again very reasonable imho)

he doesn''t acknowledge it isnt working but tbh he can only see as far as he wants ''equal'' access and thinks anything other than 50/50 split (or as clost to as possible) is unfair on him and not ''right'' for our daughter!

  • rubyredslippers
  • rubyredslippers's Avatar Posted by
  • New Member
  • New Member
More
22 May 12 #332297 by rubyredslippers
Reply from rubyredslippers
appreciate your view rmatank
just wonder why you think he has a good chance of getting a PSO in his favour?

  • jslgb
  • jslgb's Avatar
  • Platinum Member
  • Platinum Member
More
22 May 12 #332299 by jslgb
Reply from jslgb
As a resident parent myself i think you are being very reasonable. You are seeking to move to provide your daughter with a better home life (i imagine your new partner will bring in a good wage to help support her) as well as providing her with a stable contact schedule to see her dad. Admittedly 50% access should be granted but this isnt always as easy and for a child as young as 3 could present with an awful lot of problems. Also i think moving now before your daughter starts reception is preferable to moving at a later stage. Is your current agreement formalised?

  • u6c00
  • u6c00's Avatar
  • Platinum Member
  • Platinum Member
More
22 May 12 #332300 by u6c00
Reply from u6c00
In my experience (limited, and not as a legal expert)

He could make an application for sole residence, and obtain a PSO to prevent you from moving before this is resolved.

In order for the court to make any ruling on this, they will most likely need a report from Cafcass, for which we are talking at least 3-4 months.

From my solicitor''s advice in a similar issue, it is very hard to keep the other parent from moving away in the long term, however he can put up significant barriers to delay you. Long term, you will need to prove that you can provide income, home, school and a provision for contact.

He is likely to argue that you are moving to frustrate contact, and the court is likely to err on the side of caution until Cafcass make recommendations.

It is also possible that he will go to court ''without notice'' to obtain the order, which will not give you any opportunity to give your evidence as he will go to court without you being present. The first thing you will know if this happens is when someone comes to your house to serve you with the PSO. It is unlikely that a court would hear his application on a without notice basis though due to the timescale involved not making it urgent. Also, some courts refuse to hear without notice applications altogether.

I understand that you may feel completely in the right about this, but he is going to feel very hurt, and feel a great sense of injustice that you have dictated what his new contact arrangements will be. I would expect this to get quite bitter, and I would be surprised if he isn''t granted a PSO until the issues are resolved.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11