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McNab1986
Jun 28, 2009, 11:31 AM
I have a shared custody order with my ex-partner (father) which is formalized. A year ago I was taken to court when I moved about a hours drive down the road. He claimed moving our child schools would cause too much disruption to her life with a change of school as she's been there since she started her schooling life so she'd be moving away from all her friends etcetc.

Now he is without asking me he's started proceedings to move her school choser to his home so he can save money on petrol not for her best interests (self admitted) my daughter has told me she does not wish to change school but can't tell him as she doesn't tell him anything that may cause him to become angry or upset. He won't talk to me my at all and most of our dealings regarding our child unfortunately have had to go though court because of this.

I was wondering what rights I have to halt the move.

Thank you for any help

N0help4u
Jun 28, 2009, 12:16 PM
I would get a child advocate for your daughter through the court if she doesn't have on then take him back to court and tell the Judge that he wanted her in that school when it suited him and now he is changing it to suit him

ScottGem
Jun 28, 2009, 12:48 PM
With joint legal custody, decisions on child rearing needs to be made jointly. You violated the court order by moving far enough that it would make a difference in the parenting plan. You should have obtained court permission for the move first.

So, his taking you to court was valid. On the other hand, he can't have his cake and eat it too. He needs to consult you about any change in school and you need to agree to it. If he doesn't consult youm, then you can take him to court and have his actions blocked.