Prohibitive Steps Order against ex-wife???

back2square1

Hi I have been doing a little research and all of the PSO's seem to have been obtained by the resident parent (Mother) however I wish to take one out because my ex-wife wishes to move to Dubai January 2009 with our daughter.

I know I have Parental Responsibility but I am concerned that the courts decision may not go in my favour because my daughter does not reside with me. My daughter stays with me every weekend.

My ex-wife's reasons for moving are because her boyfriend has just got a job out there and she wants to go and be with him. She is going to quit her job here in the UK and take our daughter out of her school so she can go.

Do you think I have got much chance in stopping her from doing this??

Any advice would be greatly appreciated.

TeetersOnHeels

Hi....
Just to let you know it may well not be doom and gloom. My ex hubby had Residency of my son between the ages of 2-8 (long story..but basically I worked fulltime, shifts etc - he stayed at home to care for my son, and when we split the court ruled in his favour.) Anyway, when my son was 5 his dad phoned to say he intended to move back to Scotland - we were in Lincolnshire at the time. I applied for a PSO, and the ruling went in my favour, even though I did not have Residency. I did have regular contact - overnight, twice a week, and this was one of the main reasons the PSO was granted.
I have had the gut wrenching feelings you are no doubt experiencing, and hope things don't become too awkward and difficult.

clairec79

You do still have regular contact which surely has got to go in your favour (ie if you only had her for a week in the summer I doubt you'd have a leg to stand on)

arthur_dent_2

I have just googled prohibited steps order and from what I have read, it seems quite likely that you will be able to obtain one of these. As others have sais the regular contact is in your favour. I say let her go to Dubai and you become main resident parent.

back2square1

Thanks for your responses, the mother would never allow our daughter to live with me even if she did want to clear off to Dubai. She is very much a control freak and would not like to be seen as admitting defeat.

I think I do have good case for a Prohibited Steps Order and I do hope the court rules in my favour.

She wants to move 31st January 2009, she has really sold Dubai to my daughter as some sort of fantastic holiday and really has not been realistic about it. I am very worried that my daughter may hold it against me if I stop her from going, her mother will make sure that she blames me.

bunty109

You don't say how old your DD is but if she's young she isn't going to hold this against you for long. If she's older then maybe you can explain your concerns about her living so far away in a strange country.

You may feel bad trying to stop her going, but if you let her go there may be a chance in the future when she asks why she never saw you so much. She may even grow up wishing you had stopped her going!

How old is she btw?

back2square1

Daughter is 8 years old, her mother has really sold Dubai to her - beach, swimming pool and sun. She gets very distressed if I mention the reality of her moving away from me and other members of her family and friends.

I have heard that the fee for a PSO is £175, does anyone know if there are any other costs involved so I can work out how much the whole process may cost.

Many thanks

mookiandco

Yes the court fee is £175 and the only other costs would be a solicitor if you are not entitled to legal aid. Technically if you do not give your consent it is a matter for her to make an application to the court for a specific issue order - this allows the court to determine the issue i.e whether your ex can remove your daughter to reside in dubai on a permanent basis.

A prohibited steps order can prevent your ex from removing your daughter from the jurisdiction which she shouldnt do without your consent anyway otherwise it becomes child abduction.

I'm sorry to say that if your ex has very well thought out plans, has researched schools, housing, employmenyt, medical care, quality of life - the court are likely to rule in her favour. I have just obtained a similar order for a mum wanting to move to australia. One of the leading cases is Payne v Payne
http://www.familylawweek.co.uk/site.aspx?i=ed24

Contact is a consideration but not the only consideration. If your ex can prove that in all other ways it is in your daughter's best interest to move with her to dubai, its going to be a hard one to contest on your part. Please do get a solicitor this is not the sort of application you should be fighting yourself as the consequences are far too great. I wish you all the best.

back2square1

There is no need for her to move to Dubai, her boyfriend has got the job and I don't feel that she should be putting her relationship with her boyfriend before our daughter's interests.

The contact she has proposed is 1 weekend every month, which taking into consideration the 4hr time difference, two 7 hour flights, two lots of waiting for luggage and getting through passport control, two lots of commuting to and from airport is going to be detrimental to my daughter. Sunday morning school starts in Dubai at 8am.

After any flight that I have had it takes a while to adjust to time difference let alone the long journey causing fatigue. How can an 8yr old be expected to do this twice in the space of 2-3 days???

My ex-wife is keeping her house here in UK and it would be more cost effective for her to stay there with our daughter and not quit her job.
Her boyfriend shall be travelling back to the UK once a month to see his 5yr old son, hence she can see her boyfriend at the same time too.

He has not got a relocation package therefore they will have to pay out for 3 return tickets every month whereas if my ex-wife and daughter stayed here then he would only have to pay for 1 return flight each month.