Custodial Parents Rights

shandella_2

Hi, I'm looking for some information. During a recent heated argument with my ex husband re: non-payment of child maintenance, he suggested that i move to a smaller house to reduce my monthly outgoings. I informed ex that I would have to leave the county to be able to afford another house. He told me that he had already checked this and I am not allowed to move our children out of our county - does anyone know if this is true?

I am not planning on moving as my children are settled and happy in their respective school and nursery - but i would like to know where i stand.

Thanks for any helpful info you can give me


x

skylight

Yes and No.

If he has parental responsibility he would have to go to court to stop you or you could pre-empt that by going to court to make him let you. The judge would then decide what would be in the best interests of the children.

skylight

And if he is not paying for his kids, have you contacted the CSA?

pinkpig08

Can I just clarify - you do meant county and not country?

shandella_2

Thankk you for the replies.

I did mean county. I did already know that if i wanted to leave the country to live i would have to seek his permission to take the boys.

With regards to the CSA. I did contact them, but because he is on benefits and they stay every other weekend with him for two nights i am not entitled to any maintenace.

Bit of background info - he is a self employed builder, i know that the building trade has really been hit by the recession, but i do suspect that he is doing a bit of work on the quite,

I also heard that the non-custodial parent can't have the childrens hair cut (which does seem a bit exteme!!), buy clothese for them and can't take them on holiday without asking me first. Does anyone know where i can this info from?

I don't plan to use any of this - but it would be nice to know .........!!!

skylight

Sorry - County!!! Nah - naff all he can do about that.

xmaslolly76

As far as i am aware if he has joint resposibilty then he can do everything that you do ie: haircuts clothes etc etc. Thankfully i have a resonable ex and he always asks about things like cutting hair as my Ds needed his doing badley but i am having to wait until i get paid so he has taken him to have it done. As for the holidays i dont know being resonable people we have always discussed such things but im not sure about the legal side of it and weather he needs permission to take them. I know if he doesnt have joint responsibilty it can be classed as kidnap if he does take them without permission and you would every right to get the police involved. Sorry i cant be more help im kinda learning as i go to :-) x

loftus

skylight wrote: »

Sorry - County!!! Nah - naff all he can do about that.

This is wrong.

If you were planning to move a good distance away, even if you were staying within the same country, and it could impact negatively on his access to the children he can seek a Prohibitive Steps Order. As with leaving the country it would then be down to a judge to decide what would be best for the children. The chances are the move would be allowed but provisions may be put in place to enable regular contact to continue.

loftus

As regards holidays. I think you have to agree. If you don't your ex would need to go to court and I suspect you would need very good reasons as to why he shouldn't be able to go.

jockettuk

loftus wrote: »

This is wrong.

If you were planning to move a good distance away, even if you were staying within the same country, and it could impact negatively on his access to the children he can seek a Prohibitive Steps Order. As with leaving the country it would then be down to a judge to decide what would be best for the children. The chances are the move would be allowed but provisions may be put in place to enable regular contact to continue.

i live in england and when i split with ex hubby i thought about moving back to scotland.. my ex wasnt happy and enquired about it.. he said basically there was nothing he could do to stop me moving away as he couldnt afford to fight it in court if that was to happen.. he wouldnt have got legal aid or anything of the like..

when i met my now partner i move counties, again he moaned but it was only 70 miles away, and basically if he wanted to stop me again he would have had to something legal about it, i was moving to give daughter better lifestyle and he was still only seeing her once a fortnight so nothing changed with him except he had a little bit more travelling.


my ex only moaned because it meant he actually had to make the effort to see his daughter instead of her always being at hand even if he didnt take the chance to spend more time with her.

loftus

jockettuk wrote: »

i live in england and when i split with ex hubby i thought about moving back to scotland.. my ex wasnt happy and enquired about it.. he said basically there was nothing he could do to stop me moving away as he couldnt afford to fight it in court if that was to happen.. he wouldnt have got legal aid or anything of the like..

when i met my now partner i move counties, again he moaned but it was only 70 miles away, and basically if he wanted to stop me again he would have had to something legal about it, i was moving to give daughter better lifestyle and he was still only seeing her once a fortnight so nothing changed with him except he had a little bit more travelling.


my ex only moaned because it meant he actually had to make the effort to see his daughter instead of her always being at hand even if he didnt take the chance to spend more time with her.

There's nothing here that contradicts my post and, as I said, the chances are that on only a very few occasions would a resident parent be prevented from moving. The NRP would have to go to court to try to prevent it and I do know of times when the move has been stopped - generally when the distance was very great and the children had a very strong bond with the NRP which would have been damaged by the move. I also know of times when the move has been allowed but provisions have been put in place to ensure that contact with the NRP remains viable ie sharing the cost of travelling, meeting halfway between homes etc.