Prohibited Steps Orders - Any experiences?

squirrelchops

Ah ok, fair enough. I seem to only come across housing associations that are based within one or two counties. Thanks for the info.

ses6jwg

puddy wrote: »

the prohibited step would apply to the child, so the only outcome would be that the order would specify that the child cannot move. if mother still wants to move (unlikely without the child) then you would still need to vary the contact order

is this 5 hours driving or on public transport?

is the child at nursery, have a friends network, extended family like paternal and maternal grandparents?

this would all form part of the assessment but at the end of the day people do move and children do adapt. however, you may use your previous experience (if evidenced) that mother makes it difficult for you to see the child, to say that this move is designed to prevent the child continuing to have a full relationship with you as contact now is likely to be more infrequent, albeit for longer periods of time ie, a week here, a week there sort of thing

ultimately, as long as the contact order can be varied, you can still sustain the relationship, mother will need to say how she intends to enable that relationship fo rthe child, are there cost implications involved? who is going to pay for the travel costs for the child to maintain this relationship

once she starts school, you wont be able to see her realistically outside school holidays unless its for weekends

a change of school or nursery needs consultation by you if you have PR, she cant really do this without that, but will probably try

so your choice is, prohibited steps to stop the move, residency so the child lives with you or work out new contact order (or by consent)

I have PR and she attends primary school. Would she require my consent for her to move school?

If I objected to her moving school, thereby de-facto objecting to her moving altogether, would she need to take me to court to have my objection overruled?

Like I said, her maternal grandmother and grandfather, her paternal grandparents and great grandparents, and two aunties, all live in the same place as me.

The only people who live this far away as far as I am aware are her mothers cousins who are extended family that she sees maybe once or twice per year.

I am convinced that this is to try and reduce the contact I have. As far as I am concerned if I was hit by a bus tomorrow she would be laughing. She stopped me seeing our daughter for 2 months in 2010 and I had to take her to court for a contact order. She makes it difficult around birthdays, christmas and holidays by not contacting me until the last minute or not responding to letters or emails. Any requests for additional contact outside the hours agreed are flatly refused. She does not involve me in her school activities and does not keep me informed when our daughter is sick or injured.

mynameistallulah

kj*daisy wrote: »

Yes it is, you can exchange with someone outside the area. OP would you be able to go for full residency with you as it does sound like it may be in your daughters best interests not to be moved away from her extended family. Good luck.

Unless the child is at risk the chances of her being removed from her mother are very low.

OP, I do not have personal experience of this but I do have some professional experience in this area. You are right, the chances of getting a PSO granted are low, unless there is a very strong reason for it. Your daughter is young enough that her wishes will not be a primary consideration, only her safety. The mother could argue that if she would be happier in a new location, the positive effect would be passed to her daughter also.

I would take some professional advice on this, but be aware that your chances of success are limited.

puddy

ses6jwg wrote: »

I have PR and she attends primary school. Would she require my consent for her to move school?

If I objected to her moving school, thereby de-facto objecting to her moving altogether, would she need to take me to court to have my objection overruled?

Like I said, her maternal grandmother and grandfather, her paternal grandparents and great grandparents, and two aunties, all live in the same place as me.

The only people who live this far away as far as I am aware are her mothers cousins who are extended family that she sees maybe once or twice per year.

I am convinced that this is to try and reduce the contact I have. As far as I am concerned if I was hit by a bus tomorrow she would be laughing. She stopped me seeing our daughter for 2 months in 2010 and I had to take her to court for a contact order. She makes it difficult around birthdays, christmas and holidays by not contacting me until the last minute or not responding to letters or emails. Any requests for additional contact outside the hours agreed are flatly refused. She does not involve me in her school activities and does not keep me informed when our daughter is sick or injured.

yes she needs your permission to move schools, she may not bother with this though which means that any action you can take will be retrospective. in the case that you do not give your permission, yes she would need to seek allowance for this, or she will just do it anyway and leave you to take the relevant court action which would all be too late by the time she moves the child.
the court may not agree with you about your consent and you may be overridden, but contact definitely needs looking at with regards to the lack of communication and the fact that contact will need to be changed because she will be far away

the courts do need to look at what is in the child's interest but as i say, children do move and they do cope. have you informed school that you have pr, do they send you information as they are supposed to?

ses6jwg

puddy wrote: »

yes she needs your permission to move schools, she may not bother with this though which means that any action you can take will be retrospective. in the case that you do not give your permission, yes she would need to seek allowance for this, or she will just do it anyway and leave you to take the relevant court action which would all be too late by the time she moves the child.
the court may not agree with you about your consent and you may be overridden, but contact definitely needs looking at with regards to the lack of communication and the fact that contact will need to be changed because she will be far away

the courts do need to look at what is in the child's interest but as i say, children do move and they do cope. have you informed school that you have pr, do they send you information as they are supposed to?

yes ive sent copies of the birth certificate and no they still do not keep me informed despite 2 solicitors letters and a personal visit

GobbledyGook

ses6jwg wrote: »

yes ive sent copies of the birth certificate and no they still do not keep me informed despite 2 solicitors letters and a personal visit

You should get onto the Governors or the LEA. They should send you the information and are legally obliged to. Someone somewhere will be able to put a rocket up them.

marywooyeah

puddy wrote: »

the prohibited step would apply to the child, so the only outcome would be that the order would specify that the child cannot move. if mother still wants to move (unlikely without the child) then you would still need to vary the contact order

no - the PSO would be directed towards the mother - eg the Court orders that Jane Doe is not to remove the child from wherever.

ses6jwg wrote: »

I have PR and she attends primary school. Would she require my consent for her to move school?

If I objected to her moving school, thereby de-facto objecting to her moving altogether, would she need to take me to court to have my objection overruled?

Like I said, her maternal grandmother and grandfather, her paternal grandparents and great grandparents, and two aunties, all live in the same place as me.

The only people who live this far away as far as I am aware are her mothers cousins who are extended family that she sees maybe once or twice per year.

I am convinced that this is to try and reduce the contact I have. As far as I am concerned if I was hit by a bus tomorrow she would be laughing. She stopped me seeing our daughter for 2 months in 2010 and I had to take her to court for a contact order. She makes it difficult around birthdays, christmas and holidays by not contacting me until the last minute or not responding to letters or emails. Any requests for additional contact outside the hours agreed are flatly refused. She does not involve me in her school activities and does not keep me informed when our daughter is sick or injured.

as you have PR you have a right to be consulted and have your views taken into account in relation to her education and can object to her moving schools if you think it would be detrimental to her education. you ask if she would have to take you to court to have your objection overruled? the answer would be no - YOU would take her to court for a Specific Issue - the specific issue would be for the court to determine whether or not she moves school. you could apply for a PSO to prevent her from moving and this would be preferable to simply dealing with the specific issue as it be inevitable that at some point she'd start talking about moving again.

if the PSO was not granted and she was allowed to move, then you would need to vary the contact order accordingly, although the court would probably arrange that there and then to save you having to have another hearing.

you say she makes contact difficult around birthdays etc, are there no provisions for this in your existing order? if not then you can apply to vary if she won't agree to vary by consent.

puddy

yes, the PSO is applicable to the child, thats what i said??

what i meant was it doesnt apply to the mother not moving, it applies to the child not moving