moving with children

[robynwin]

can my ex(s) stop me moving away with our children if i am not eliminating access?

[balia]

I think you will have to post more detail if you wish to have any useful advice. Ages of children, current contact arrangements, how far is the move, what are your plans for contact etc.

On a very basic level, no-one can stop you moving. However, a father can apply to stop you moving his child(ren) if it will change the current contact arrangements.

[olgaga]

No, but I think you might find your maintenance (if it's through the CSA) is adjusted to take into account of their travel costs.

[olgaga]

baby Yes if they have PR they can go to court and apply for a Prohibited Steps Order to try to stop OP moving. Applying for a PSO doesn't mean it will be automatically granted though.

OP would no doubt argue that there were very good reasons for the move. The ex(s) would have to show that it wasn't in the children's best interests, adversely affect their welfare, and severely disrupt contact. That would not normally be the case if they were moving within England and Wales.

So I think it would have to be a pretty extreme case. Also, the court cannot make a PSO if the matter can be resolved through a Residence or Contact Order.

OP are you able to add any more detail? As balia says, it will help.

[robynwin]

i have 3 children , 2 fathers, children are 14 and 9 (father 1) and 21 months (father 2), my 14 year old will likley choose to stay with his father meaning i will have to travell back to spend time with him anyway, the move is from co, durham to norwich where my partner is based, both my partner and i have agreed that we will travel whenever possable to give the fathers access, at the moment both fathers see there children when im at work (nightshift) neither father has ever paid maitenence (i never contacted csa) they will have contact in school holidays also, father 1 has said he understands why i want to move but that he wont travell to see his child

[Portofino]

Didn't you post about this yesterday?

[Portofino]

Oh - ignore me - I see you posted in AIBU.....

[olgaga]

I think in the circumstances it's unlikely either of them will be applying for a PSO and highly unlikely it would be granted if they did. As long as you don't mind and can afford the extra travel, I'd just do it. Does father 2 know about your plans? Would he be likely to cause a fuss/be eligible for legal aid?

[Collaborate]

The adjustment to CSA maintenance would only be small. It would reduce the AP's income by the amount of travel costs, and so he'd pay 15% of a slightly reduced figure.

It would take an unusual case for a judge to be persuaded to prevent a parent from moving within the country. Of course contact arrangements may have to be varied, and it may be that the court would expect the PWC to undertake the burden of travel.