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Can my ex-partner move away with our children?


James

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  • 10 months later...

Whether your ex-partner can move away with your children depends on a few factors and your current situation

  • Existing Agreements
    • Do you have a court order (child arrangement order) specifying custody and living arrangements for your children?
      • If there's an existing order, your ex-partner would likely need to apply to the court to modify it to allow relocation with the children.
    • If you have a written agreement (not court-ordered) regarding custody and living arrangements, you should revisit it and discuss the proposed move.
  • Reaching an Agreement
    • It's best to try and reach an amicable agreement with your ex-partner if possible. Consider factors like:
      • Distance of the move and impact on maintaining a relationship with the non-relocating parent.
      • Potential disruption to the children's schooling and social life.
      • Benefits of the move for your ex-partner and the children (e.g., job opportunities, proximity to family).
    • If you can find common ground, you could agree on conditions, such as increased visitation rights or financial support for travel costs.
  • Court Involvement
    • If you can't reach an agreement, either you or your ex-partner can apply to court. The court will prioritize the best interests of the child(ren) by considering factors like:
    • The children's emotional well-being and stability.
    • The strength of their relationships with both parents and other important figures.
    • The potential impact of the move on their education and social life.
    • The practicality of maintaining a meaningful relationship with the non-relocating parent.

Here are some helpful links

  • Citizens Advice (https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/web-chat-service/)
  • Relate (https://www.relate.org.uk/about-relate)
  • Government guidance on child arrangements (https://www.gov.uk/looking-after-children-divorce/types-of-court-order)

It's important to seek legal advice to understand your rights and obligations in this situation.

Hope this helps 🙂 

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