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First hearing Thursday

  • milkwood
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25 Jan 10 #179813 by milkwood
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HI, hope you can give me some pointers.

Been seperated from my ex husband since Nov 2007 and we have 2 kids who are 3 & 5, we have a contact order in place since April 2009 which is he has the children every other weekend and every friday plus half time during school holidays, they both reside with me at all other times.

I have informed my ex husband that I am planning to move an hour away from where I live now (he lives 20 mins from me) I have assured him contact will stay exactly the same and I have offered to meet him halfway to cut travelling, however he has now applied to court for a prohibited steps order and applied for residence for the kids, His reasons are that they will be emotionally damaged with the move and this is my way of frustrating contact.

I am not frustrating contact at all in fact he is getting the same plus I have offered more but has always been refused by my ex until I told him of my intentions and he has now been asking to see them in the week after school etc.

I was hoping someone can guide me on what happens at the first hearing? I'm planning to represent myself because of the cost involved so I want to be prepared.

The reason I'm moving away is because my partner lives there and his business is there, I have researched the area for crime statistics and school performance etc and they are all favourable compared to where we are now, we have spent all our spare time down our partners house and the kids are very comfortable and happy there, I have thought long and hard about this move and believe it will benefit the children as well as keeping the current relationship with the father which I dont want to stop or frustrate.

Any pointers or experiences will be appreciated.

Thanks

  • Unhappydad69
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26 Jan 10 #179962 by Unhappydad69
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Hi milkwood i was threatened by my ex with her moving away with my daughter etc not long ago, but thankfully she didnt (for the moment)

I have my first hearing this thursday too for contact- my post is also on the forum.

I dont think your ex will succeed in either getting p.s.o enforced (i think it can only be objected to if you are planning to go abroad) or residence as there are no problems with the childrens welfare living with you, and he is only an hour away.

I wish my ex was as amiable as you in offering to meet half way etc when collecting and dropping off, my ex cant drive and assured me her partner would not do anything to help me so i would have had to do everything myself.

Best of luck for thursday- i will be interested to know how things go.

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26 Jan 10 #179964 by milkwood
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Thanks unhappydad69, I'm so nervous about thursday.

Good luck to you too.

  • eyes on horizon
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26 Jan 10 #179997 by eyes on horizon
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Its not nearly as scary as it seems.. my OH said the worst was waiting to go in, the judge was friendly and it was a relaxed setting, not courtroom dramas on the telly by a mile.
Just take lots of notes and ensure you practice...and call the judge SIR or MADAM!!!!
my oh did this when his stbx was pretty aloof about the whole process and didnt even look the judge in the eye, i think this helped my partner loads. LIP also allows you to be a little 'purposefully naive' so ask lots of questions.

PSO for an hour away? I doubt it, if he is able and drives and you are able and drive and have offered to meet halfway then there is not a lot that can be said. I think that you can also not prevent a move within a jurisdiction (ENGLAND) but applies more for EU overseas moves.

Good luck! let us all know how you get on.
His arguement for shared resisendcy probably wont hold up as it would be upheaval for the kids more than moving an hour away would be.

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26 Jan 10 #180002 by milkwood
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Thanks Rosieposie, I have been making so many notes, research etc so hopefully i'll be fully prepared.

Thanks for your advice.

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28 Jan 10 #180904 by milkwood
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Hi
Just an update on my situation. I had the Directions hearing today with regards to my ex's app for PSO and residence. The judge stated that he would never impose a PSO telling somebody where they had to live. There are no issues with regards to my care of the children or my willingness to keep contact with the father. Especially as it is an hour away and i'm willing to share the travel. My ex asked for a Cafcass report and the judge told him that there would have to be a very good reason for him wanting residence as he wouldn't change what the children had been used to.
Thanks for all your advice. Hope all goes well for you

  • Unhappydad69
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29 Jan 10 #180965 by Unhappydad69
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Glad everything went well for you milkwood :-)

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