I wish to move away with my children, but my ex husband wont allow me to move from essex to plymouth.
2006-12-11 00:14:42 · 17 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
if your spouse has parental responsibilty he has something of a say in where you move to; if it makes a contact order from the courts difficult to be implemented then he may well have grounds for objection but he has to lodge these with a solicitor. Examples of this would be leaving the UK, or moving to an area so remote he would find it really hard to visit his children. Residency, which you appear to have resolved, with you having the children, means that you have the right to decide where you live and if you decide to move he can object. He is their parent too and should be involved in their lives as they grow. If you make it hard for them to spend time with him they won't thank you when they are older. Unless of course there is any abuse or serious issue with them seeing him, which *should* have been addressed. You should contact your solicitor or try the community legal service www.cls.org.uk as they will advise. He has no rights to interfere with your wish to move on and maybe relate can help, if he is amenable to counselling. Sounds not though. I wish you lots of luck and energy, keep on with it. You'll get through it. You've got this far. Also try the website Rights of Women as they have a lot of useful stuff.
2006-12-11 09:40:36 · answer #1 · answered by dionysos 3 · 0⤊ 0⤋
Read your divorce decree. It may be stated in that. Otherwise it depends on what type of custody agreement you have. In some agreements, you could move to the moon and he couldn't stop you, but in others there's a mileage cutoff. In most instances there's not a mileage limit within the same state, but the father has 30 days to ask for a hearing to try to stop you from moving (in Ohio anyway). All you have to do is prove you and the kids would be better off in the new location. A better job or closer to more family would be good ways to prove that. Check with a family attorney in your area. They would be the only ones to give you an accurate answer based on your situation.
Good Luck.
2006-12-11 08:24:28 · answer #2 · answered by ? 6 · 0⤊ 0⤋
You do whatever you think is best for your children, if your ex wants to see his kids he'll make the effort. We recently moved from Essex to Devon and it was the best decision of our lives, we are still together though. I don't think there is any rule actually, maybe you could ring the citizens advice just to check. Good luck x
2006-12-11 08:58:57 · answer #3 · answered by suckaslug 4 · 0⤊ 0⤋
I am actually moving 2,000 miles away in about 4 months. I sat down and talked to my x about it. He was upset, but we figured out a fair visiting schedule. We reduced the child support to allow him to buy airline tickets so my child can visit him on most of the holidays and summer break. My x went to a lawyer and had it all written up. Mainly for his protection. I realize that some relationships are not that civil as ours. Believe me...it was not easy at first. Give it a try....you never know! Good luck!
2006-12-11 08:19:49 · answer #4 · answered by deezy89 2 · 0⤊ 0⤋
It would depend on if you have full or partial custody. If you have full custody of the children then there shouldn't be anything holding you back. But partial custody is a little more tricky because of the sharing of the children.
I do believe someone stated this before me, but give him 30 days notice and there is not one thing he really can do. This is because you have given him warning so he can adjust fire on the situation.
2006-12-11 08:24:47 · answer #5 · answered by kataklysmkamel 1 · 0⤊ 0⤋
Talk to a lawyer to get a more accurate answer, but I dont see why that should be an issue. You're staying in the same state, just an hour and a half drive. My friend's kids mom took their daughter to another state and there wasnt anything he could say because she has custody.
2006-12-11 08:18:15 · answer #6 · answered by Lil Jello 3 · 0⤊ 0⤋
Unless stated in the custody agreement I don't believe there is a limit...My mom and her ex had it put in theirs that they had to live within 100 miles of each other until my little brother turned 18 so if anything I would say about 100 miles is probably standard...
2006-12-11 08:18:05 · answer #7 · answered by tntstroup 2 · 0⤊ 0⤋
When I divorced there was a stipulation that a twenty one day notice must be given before leaving the state. I've never heard of a limit on how far you can go.
2006-12-11 08:20:19 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If you have sole custody you make all decisions even moving. If you have joint/shared custody, I am afraid you will have to take it to court to get an approval. You can give him a 30 day notice and leave like one of the replys said, but if he does his research then he can take you to court and he could possibley get full/sole custody. I wouldn't take any chances.
2006-12-11 08:32:13 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I dont think there is a limit as long as you stay in the UK.
You would need permission to take the children abroad to live though.
2006-12-11 09:34:44 · answer #10 · answered by Sareylou 1 · 0⤊ 0⤋