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Subject: Moving away...
Posted By Izza on 14-12-2009
Hi there,
I wonder if somebody could help and give some advice please.
I was divorced 4 years back and have a 7 yr old. Im the nrp. Had to go to court after the divorce to get a contact order organised as exw started being difficult around contact.
This worked fairly ok for the last 2 years. I would see my daughter every other weekend - travelling down Fri night to pick up, returning her again sunday nite (About 250 miles from Crawley,near Gatwick to Eastbourne and back).
Received a txt today stating that EXW is moving to Leeds !!!
Exw can obviously move house but can she really just upsticks and move so far away. The distance involved and apparently has already sold the house, where does this leave me with my contact order ?!
Im am not on good terms with exw so i guess the only option is to return to court to get an amended Contact order?
I will have to push for maybe a weekend a month, with longer summer holidays etc and shared drop off , possibly halfway - Birmingham ish but I know exw will say no to meeting me halfway and generally be difficult.
Has anyone had similar experiences ?
Any help much appreciated, Thanks in advance.
Follow up comments
Added By sometimesitdoesn'twork on 14-12-2009
The courts generally take the view that it is inappropriate to prevent a parent with care from moving within the UK, although there have been a few cases when relocation has been stopped because a particular part of the UK was inaccessible (eg Devon and Cornwall) or the motivation behind the move was purely to frustrate contact.
You can apply for a new contact order or alternatively you can apply for a prohibited steps order to prevent the children changing school and effectively stopping the move until at least proper arrangements for contact and travel are in place.
Added By obiwan_kenobi_again on 14-12-2009
PSO- ASAP!
Added By Kat007 on 15-12-2009
Hi,
Sorry this has happened to you, I must say that Gatwick(crawley) to Eastbourne is 44.5miles so would be 170miles round trip, Crawley to leeds is approx 234miles, I would try a PSO today, but I would also point out that if she does move then a new contact order will be sought by you to include Friday to Sunday night with drop off at Crawley to Northampton this is 107miles or even Crawley to Coventry which is 135miles. Leeds to Northampton is 132miles and leeds to Coventry is 120miles. You are better going up the M1 rather than to Birmingham
All holidays to be spilt equally with long periods of contact for your child and that your contact not be reduced.
Hope this helps but need to get this sorted asap as house is sold good Luck.
Added By Jools123 on 15-12-2009
Why should your children have to suffer the extended drive. Okay, it'll keep things the same for you (or there abouts) but you children would still be in the car for the whole journey. I would definitely try and stop this on distance grounds - thats putting your childrens needs first!
Good Luck!
Added By sometimesitdoesn'twork on 15-12-2009
Based on what has been said so far the probability of preventing a move is low and realistically a PSO would only be effective in ensuring proper arrangements are in place. In circumstances like this rather than contact once a month it might be worth considering long weekends every six weeks to coincide with half terms etc. School holidays can be shared in different proportions, it can be more than 50:50. In fact if your work commitments allow there is no reason there cannot actually be more quality time together with your child than there is now.
It's also worth investigating cheap flights from Gatwick to Leeds and a variation to CM for expenses related to contact.
Added By Izza on 15-12-2009
Thanks everyone for the comments.
It seems the house is sold already and so Exw is definitely moving to the North.
So much for the worthless contact order which states " consult each other in respect of any major decisions.... "
..However, ExW has said that visits will be for longer periods and that she will meet midway points for pickups etc
This is for now though and im worried that she will quickly change her mind about things a few months down the line.
I guess its pointless pursuing an amendment to my current Contact order ?
Should I wait and see and if she goes back on her word, then go back to the courts ?
Added By Jools123 on 15-12-2009
No - she will change her mind. Its too late once she's gone!
Added By Kat007 on 15-12-2009
Agree with Jools get this sorted sooner rather than later, she will change her mind on this sorry to say it but that is what generally happens.
I hope that a PSO will sort things out for you regarding contact but as said I doubt whether a block on moving your child will not be granted. I wish you luck and make sure you get to court asap. x
Added By sometimesitdoesn'twork on 15-12-2009
If you can come to an agreement between you it is possible to vary the contact order 'by consent' and avoid the hassle and ill feeling that a court application can bring about.
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