We represented the father of 3 children who were living with their mother after separation and divorce. The children were taking up regular contact with their father when he discovered that the mother had made plans to move more than 150 miles away together with the children.
The mother refused to discuss her intentions with the father and we therefore advised him to make an application to Court for an Order preventing her from removing the children from their current schools and an application for a Residence Order that the children should remain living with him should the mother still wish to move.
The Court made the Order on an interim basis whilst it determined what was in the best interests of the children’s welfare so far as the long term arrangements were concerned and directed CAFCASS to ascertain the children’s wishes and feelings.
The resulting report referred to extensive emotional support that the oldest child had received from close friends at school and that this had proved invaluable in assisting her through her parents’ separation and divorce and all 3 children maintained a wish to reside with the father or in the local area.
Despite the contents of the report and the children’s wishes and feelings, the mother continued with her plans and moved home. At the Final Hearing, having heard evidence, the Court Ordered that the children reside with their father and the parents were able to agree an appropriate pattern of contact between the children and their mother.
We were, therefore, successful in securing an outcome that was to the satisfaction of the father and in the best interests of the children’s welfare.