Looking after children after a separation or divorce can be difficult. It can be additionally challenging if one parents wants to leave the area. So what happens in these circumstances?
When a family all live together, changes in job or moving home are all decisions that are made together. However, once a family is separated, one parent’s decision has a significant impact on the other parent. It can feel particularly unfair when one parent feels that their former partner still essentially has a say in how they live their life.
If we take an example, let’s look at a separated family. The children live with their mother but spend time with their father each Wednesday after school and on alternate weekends. Let’s say the mother wants to move with their children from Portsmouth to Cumbria. This is the other end of the country. 300 miles and about 5-6 hours’ drive. It would be impractical for the father to take the children out after school on a Wednesday and alternate weekends may also be a challenge, both physically and financially.
So what happens? Should the mother have to stay in the same place they lived when they were all living together? Or should the father see his children less than he currently does?
The answer is not cut and dry. There is a balancing exercise to be undertaken. It is a tough decision for a Judge to make within court proceedings and many factors are considered.
Factors that will be looked at include why does the mother want to move? What are the plans when they get there? What proposals are there for the continued relationship between the children and the father?
A recent case has been through the courts and the outcome was clear. The Judge stated:
‘’The interests of the parents are not ignored but, if it is not possible to accommodate everyone’s wishes, the best interests of the child dictate the outcome”
As you will see, it’s not absolutely black and white, and each case will turn on its facts.
If you are facing a situation where you want to move, or your ex is thinking about moving, take some legal advice early on. Making an amicable arrangement is always going to be best and the more time you have to discuss this, the better for the children, who are the ones that matter the most.
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