Law-Forums.org

[wethrby]

after separating whichever parent has custody of the children can not move address without the consent of the other parent.

this law is even true of parents trying to escape abusive ex partners and while the courts can make exceptions I'm told they tend not to(by my solicitor)
i am actually in this position myself my ex girlfriend was abusive to myself and our children however i got her to leave 3 months ago and she has not even been in contact since she has not tried to maintain a relationship with the children at all.
i want to move to be closer to my family because where i am is close only to her family and they are mostly the same as her, so it causes problems. i never get to see my family i only get to talk to them on the phone and i have no support with my feelings after the relationship nor with being a single father.
i also do not have friends here because she would not allow me to talk to anyone and she told the people here a lot of lies about me(she claimed i abused her, she said i was a rapist and that i have sex with dogs) so nobody wants to be around me here, most people know she was lying because i am not the only person she has said these things about and she is known to be a pathological liar, plus a lot of the abuse she subjected me to happened in public, but they do not want to be around me because they fear a backlash from my ex which i understand because she has always gotten angry about people talking to me.

i think the law should change in that once it is ascertained either parent was abusive to the children or the other parent then they lose the right to have so much power over the lives of the parent/children. as this law
1) can empower the abuser to continue abusing
2) can stop the victims of abuse from taking back their lives

I'm just curious about people's opinions on this so do you think this law should change or remain the same

[darvell]

Totally agree with u on the fact that if the parent was abusive to the children or the other parent then they lose the right to have so much power over the lives of the parent/children. Cause not only is it putting the abuser on top but making situations worse for the other parent and it’s mentally and emotional scaring for the children aswell.

[jabarl]

I agree with the person above me. Your situation is not the same as everyone else's. Changing this law would not be fair to the children involved. Not exactly what I would call a stable environment, if you ask me.

[jerrick]

I think that the law should definitely be modified. Permission from the courts if at all but not permission from your ex!

[abisha]

not me.

[dasco]

I think that this is only a Judicial procedure (also known as the Law) so it does not need an amending Law, just Judicial consideration.

In general, children are entitled to know and to have access to both of their parents, so if the custodial parent changes their address, the children can lose contact with the other parent. In order to prevent this abuse, judges like to know the whereabouts of the children. I daresay, that an application to a Judge of the Family division could be made, and you could ask that you be allowed to move to a specific address or location, in order to bring the family closer together. If the other parent has shown no interest in the children, it would also be more likely that your request would be granted.

[culley96]

No, I don't think the law should be changed.

If you and the children were abused and your ex has had no contact since she left, you can petition the court for permission to move and it will likely be granted.

The law is intended to address the majority of divorce custody situations, and abuse is NOT the reason most people divorce. Abuse is a special circumstance that is considered by the courts.

[croslea]

In your case yes i agree you should be allowed to move
Mainly because she has shown no interest in the children
And if she was abusive its good that she does not
But right now you need support from family
But if the law was changed you could have some guy
who wanted to see his kids when he could
And his wife has moved them hundreds of miles away
It would be easier if the law was changed
On circumstances of a marriage breakdown ??