In a weekly column, solicitor Juliet Phillips-James casts

Her expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.

QMy ex-partner has recently told me that she wants to move to England with our daughter. We get on fairly amicably and I see my daughter regularly so I feel this move will ruin that. I don’t really want my daughter to go but I don’t know where I stand and what I can do.

AYou, as the child’s father, are able to make an application to the Family Court for a Prohibited Steps Order. If successful, this will mean that your ex partner is prevented from relocating with your daughter. In order to make a decision, the court will take into account both your reasons for wanting your daughter to remain where she is and your ex’s reasons for wanting to relocate. You may have to show that you will be able to look after your daughter on a full-time basis in the event that your ex partner still wishes to move to England (as the family court does not have jurisdiction to stop your ex from moving, only the child). The court will also take into consideration what is in your daughter’s best interest and will look at a number of factors when determining the issue. It is likely that the court will require the assistance of a CAFCASS officer to carry out independent investigations and prepare a report outlining what their recommendation is in respect of whether your child should relocate with your ex.

If on balance you feel as though it is better for your daughter to move and do not wish to oppose the same, it may be worth considering the contact arrangements and discussing these with your ex partner. It is possible for any agreement in respect of contact to be provided for in a Consent Order, which is a binding legal document. Alternatively, if an agreement cannot be reached regarding your contact with your daughter, you may wish to make an application for a Child Arrangements Order.

If you would like to discuss this with a member of our family department, please do not hesitate to contact us on 01554 755101 or email us at contactus@gomerwilliams.co.uk to arrange a free 30-minute appointment with our experienced Family Law team.