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can he stop me moveing

Joejoe - posted on 02/21/2013 ( 6 moms have responded )

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i have a child at 8 years old. i left her dad they day i had her coz he beat me up and went in 2 hospital and had our child that day weeks befor the due date. i have now found a man that i would like 2 spend the rest of my life with but it means us moving 288 mile. the courts only give my child's dad 5 hr's a week 2 see the child. but i told him when i move he can have her on school holidays will the courts stop me moving has he's taking me court 2 stop me even that's he has had a drink problem has a order on him that he cant drink when he has our child and still rings me giving me abuse down the phone.

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6 Comments

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Jodi - posted on 02/21/2013

20,665

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Actually a judge CAN tell you that you can't move if it interrupts regular visitation. You only have to look through the case law to see that it happens all the time. However, having said this, a judge will make a decision on what is in the best interests of the child, and sometimes, the move IS in the child's best interests. Depending on where you live, they may need your new relationship to be a bit more tried and tested before they agree that it is in your child's best interests. Keep in mind that this has nothing to do with how your ex treats you, so don't try to use that as your defence for why he shouldn't stop you moving. Try to keep your side of things focused on why you SHOULD move, and why it is in your child's best interest rather than making it about him being a dick.

And get yourself a lawyer, because yes, without decent legal assistance, this is one you could lose, especially if he has a lawyer and you don't.

Shawnn - posted on 02/21/2013

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As Dove said, if visitation is court ordered, and you move without getting that ordered visitation modified for your new circumstances, he would have a case for getting either more visitation or split custody.

Get yourself a lawyer. Prove that the move is in the best interest of the child. Make sure the proof of the abuse is included. That way, the courts will (hopefully) see things the way you do.

Dove - posted on 02/21/2013

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If your moving interferes with his court ordered visitation.... he could have a good case to keep you where you are currently located.

You need a lawyer and you need to PROVE that this move is in the best interest of your child (not your interest, but the child's well being) and that his visitations will be adequately made up for.... Then it is up to the judge in your case.

Cecilia - posted on 02/21/2013

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I don't think a judge can tell you where you can and can't live unless you have a case against you in family court for abuse. In this case, i think the judge will determine how to set up new visitation orders.

Joejoe - posted on 02/21/2013

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ty roxana i just got a call saying i am in court next week for him 2 stop me moveing i think i am being more then right with him saying when he can have our child

Roxana - posted on 02/21/2013

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sounds like you need to get a lawyer. but it depends on each state/province. if he has this kind of a record of abuse then the percentage of chance he can stop you from leaving is very small. You must worry about the care of your baby. If you plan to live with this new man and would like him to take custody of your child, put it on paper. you'll need to re-create a visiting schedule based on where you live, transportation, and supervised/unsupervised visitation.
A lawyer will be bale to help you more than any of us here on COM.
my prayers to you and your family, good luck

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