Can my Ex stop me moving away with my children?

Have you split up from the parent of your child and now want a new life away from it all? Can your Ex-Partner stop you from moving away? They may have threatened to take legal action to stop you doing this. Would a Court stop you and what exactly are your rights?

 

The short and simple answer is your Ex-Partner cannot stop you moving away. In the UK, a Court will not stop you moving around to find a better place to live. They will not stop you living your life. They recognise the Court does not have a right to control your actions just because you are a parent. If you are the primary carer for your child then it is understandable that your child will also move with you. Unfortunately, for your Ex-Partner, this may mean that it will now be difficult to spend the same amount of time with them but that will not stop you from moving. The time they now have to spend together will have to be worked out again. The Courts recognise and will often sympathise with the Parent that will now have to live away from their child but will also realise that this is a practicality.

 

There are of course exceptions to the rule but these will have to be pretty meaningful. The reason will have to be more than the fact that it will be more difficult for your Ex-Partner to see the child or the time spent will now be reduced. Quite simply that will not be enough. There will have to be an impact on the welfare of the child before the Court will stop the move. If, for example, it is at a crucial stage in the child’s schooling or the child does not want to go and is old enough to make a reasoned decision, it may be considered.

 

Generally speaking though a parent can move to another city with the children. The Court will put an Order in place to make sure adequate time is spent with the other parent. However, you may want to take legal advice before you take this step.

 

If you do need assistance with Family Law issues then contact our Family Law Team today.

 

Ayesha Nayyar

Principal Solicitor

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