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Have contact order but ex moving

  • FatherForever
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25 Jan 15 #454512 by FatherForever
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Hi,

A contact order has been in place for over two years for paternal overnight contact every Wednesday and alternate weekends (Friday school pick-up to Monday morning.)

Ex now moving 100 miles away so overnights Wednesday and overnights Sunday become unworkable.

Ex proposes that contact is reduced to fortnightly Friday and Saturday overnights only.

So kids see Dad once a fortnight only.

In your opinion, if I were to apply to court for a new order what would be the likelihood of me being granted weekly weekend contact in some form (whether daytime or overnight?).

Many thanks for reading this.

FF

  • WYSPECIAL
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25 Jan 15 #454513 by WYSPECIAL
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Has ex had permission from the court to move?

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25 Jan 15 #454514 by FatherForever
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No, she has not been in touch with the court

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25 Jan 15 #454519 by WYSPECIAL
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Why is she moving?

What are her proposals for travel for contact and do you agree with them?

Could children live mainly with you and stay at their current school and go to their mums for weekend contact? She seems to think Friday and Saturday once a fortnight is sufficient so presumably she would be happy to have them for that and you have them the rest of the time?

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25 Jan 15 #454520 by FatherForever
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She says it is "open to discussion" but her opener was that I see them every other weekend and Skype them.

So far as her reasons go:

"I want to move to be closer to my family, my friends and my partner [boyfriend of 10 months, not married or engaged, no kids together]. I want to move back home, to be closer to the [national park] and the sea. It enables us to release the equity from the house. I think xxxxxx will be lovely place for the children to grow up. I think this is exactly the right time to do it."

The kids (8 & 11) are vehemently opposed to a move. (11 year old will change schools and go up to secondary school here - already applied for.)

I work full-time so the children living with me weekdays would require kids clubs etc but is feasible on that basis.

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25 Jan 15 #454522 by WYSPECIAL
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Tell her your proposal is that they stay with you then!

Work out child care costs and if you can get any tax credits towards it. Remember too that she will be required to pay you CM and you will get CB so you may not be that much out of pocket.

You could apply to court to prevent her changing their schools etc while you are sorting it all.

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25 Jan 15 #454523 by FatherForever
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We have joint PR. She does not have a residence order. There is no shared residency order.

She would be utterly taken by surprise at a proposal they stay with me.

I am competent enough to do the CM and CB figure work.

That would be a prohibited steps order, I assume?

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