Upon completion of financial settlement, I will be receiving cash and i intend to move away from where we currently live. The Ex will be retaining the fmh and paying me a cash settlement.
Brief background :
After divorce, I moved out with the children and Ex applied to court for child arrangement and we have one in place although the Judge adviced him to wait till financial settlement is done, but he refused. The arrangement was based on us living not too far from each other and there is no court order stating where we should or should not live.
My question :
I intend to move away, about an hours drive away which would definitely mean the child arrangement order will change, especially for term time. I know he will fight me and even take us back to court and I am ready for that, but my issue is how and when should I tell him we would be moving?
Should I secure my property first before telling him? Should I get a lawyer to write him or should I do it myself?
I would also be changing schools as well, when do I inform him about this?
I usually advise those wishing to relocate to put together a \"relocation package\" which sets out the below in relation to your child; this will give him something concrete to consider, and may provide reassurances to him that this is not an attempt by you to cut contact. If he still does not consent, then you can use the relocation package as part of your position statement in court proceedings.
a) Proposals for the child’s living arrangements.
b) Arrangements for the child to remain in contact with the other parent. How will they travel? Where will they stay? Who will pay for this?
c) Arrangements for supplying the child’s financial needs.
d) Finalised arrangements for the child’s education – is there a firm offer of a school place? Is this the right place for your child? Is your child at a point in her education where a move will be disruptive? Did you involve the other parent in the decision? Were they consulted on alternatives? Have you sent them full details of the school including prospectus and syllabus?
e) Is your child involved in other activities – sporting or artistic, for example – which will be disrupted? Will she be able to continue these? What about sports teams, drama societies, orchestras, etc.?
f) Have you registered your child with a doctor, dentist, optician, etc. Does your child have any special health needs?
g) An account of your reasons for wishing to move – family, marriage, job, etc.
h) Evidence of the financial viability of the plan, including firm job offers.
j) Evidence of the accommodation, including address, pictures and estate agent’s particulars.
k) Evidence of links to the new area – family, etc.
l) Evidence of social opportunities and network.
You are only moving an hour away, and courts do not like to limit freedom of movement by preventing relocation within England (unless the objective is to thwart or prevent contact, or the proposed location is very remote and difficult to access). However, you will need to think about how the move will impact on your child's relationship with thier father and paternal family (if they are in the current area), the loss of established friendships and familiar surroundings and places; who will facilitate the travel for contact etc. You will need your ex's consent to change schools (or leave from the courts), and if the current arrangements set out in the order are to change significantly, then you will either need to vary them by consent (with the other party), or apply to court for a variation.
I think it would only inflame the situation if you were to send him a solicitor's letter - it's cold and combative. It's much better if you can speak with him yourself, even if that is via email (along with the information I've suggested you provide) or in mediation sessions.
you would only need to apply to court if you can't agree on the schools issues; that would be an application for a Specific Issue Order and the form is a C100. A variation to the existing CAO would also be on a C100 (you could put both on the same form, so only one set of court fees). You would be required to attend mediation before submitting your C100.
It's worth trying to resolve this between yourselves initially, court should only ever be a last resort.