Can I move away with the Children - unusual circumstances

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Joined: Thu Jan 29, 2015 8:08 pm

Can I move away with the Children - unusual circumstances

Post by Shaftesbury » Wed Jan 24, 2018 7:00 pm

Hi there. I'm after a little advice please.

I have residency of my three children. Their father stopped contact with them in August 2015 and has occasionally since threatened me but hasn't seen our children at all. He has now taken me to court because he wants to have contact with the children again but I am worried about the effect contact will have on our children.

I would like to move 4 hours away to start a new life with the children. I would like to move to the area that provide the source of material for my business - I am self employed. I have also been mentally affected by my ex-husband and I really want to break away from him.

However, the county I want to move to is also the same county where my partner of the last 5 years lives. He is a registered sex offender who comes off the register this July. My ex brought out an order in 2015 to stop my partner from having contact with my children and I have stuck to this and will continue to do so. However, finding childcare while I travel away to see him has been difficult and so a move to the same county would mean I could see him without having to go away for days on end. My partner would live in one part of the county and I would live in another. My partner is also my business partner.

I would like to know if my ex-husband would be able to prevent this move or prevent me moving the children away based on what I have said above please.

I really CANNOT stay here. I have gone downhill mentally over the last couple of years due to my ex-husband's erratic and scary behaviour and I am desperate for a fresh start.

Thank you.

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Suzie, FRG Adviser
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Joined: Mon Jul 04, 2011 2:57 pm

Re: Can I move away with the Children - unusual circumstances

Post by Suzie, FRG Adviser » Wed Jan 31, 2018 2:14 pm

Dear Shaftesbury

Welcome back and thank you for you post.

I see that you are still concerned about being able to move away with your children for whom you have a residence order.

The children’s father has taken you back to court regarding contact. This will give you an opportunity to make the court aware of how contact has been going or not as the case maybe.

You have been with your partner for 5 years and have lived apart from him because of his background in respect of sexual abuse. Now you wish to move to the county where he lives and worried about how you can manage this.

Firstly, I think as you have been advised in the past, that you should have a discussion with children’s services about what your intentions are so you have regarding a move. You have worked well with children’s services in the past and have kept your children away from your partner over the years. Is he still on the sex offender’s register?

The answer to your question regarding your ex-husband is, yes he can apply to the court to prevent you moving with the children but the court will make the final decision based on the evidence the judge has before him or her. I do not know the children’s ages but their wishes and feelings will be sought and the appropriate weight given to their views dependent on their ages.

You have managed to keep the children from your partner but it could be said this is because of the child protection plan and your ex-husband maintaining his position about contact with your partner albeit from a distance. I think the court is likely to give you credit for keeping the children safe and may accept that you will continue to do so even if you move away. Only the judge will be able to decide.

If the police and your doctor are supporting you in a move the court will consider this as relevant because you need to be healthy to care for your children.

Please look at previous posts about what would happen with the new local authority area if the children are subject to child protection plans.

As you may decide to make an application to the court to be allowed to move away with the children, I suggest you seek advice from Coram Children’s Legal Centre (Child Law) on 0300 330 5480. The application will be private law proceedings and this is the area they deal with. Please note that they will not advise if you are being represented by a solicitor.

Should you wish to speak to an adviser regarding children’s services involvement, you can telephone our advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday.

Best wishes


Posts: 39
Joined: Thu Jan 29, 2015 8:08 pm

Re: Can I move away with the Children - unusual circumstances

Post by Shaftesbury » Wed Jan 31, 2018 8:20 pm

Thank you very much for your reply.

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