I have a
residence order
(preceded by an interim residence order) and my ex had substantial mental
health issues. A residence order does not say where the children live, but
who they live with. The court only has to be consulted on a propsed move if
it is out of the jurisdiction ie abroad and the NRP does not agree. With
pre-school age children I would think that changing the actual town where
the resident parent lives is fairly irrelevant as moving them would not
affect schooling. The status quo is going to be about who is their primary
carer at home and not much else I would think.
If your ex has
mental health problems that seriously affect her parenting ability then I
would say that is by far your strongest card if you want to have the
residence changed. You would need to file a residence application with the
court on that basis and probably at the
directions hearing ask the court to order a psychiatric
report. And of course, the practical reality of your life needs to be one
thats compatible with having residence of young children. E.g. if you're
out most of the day with work you might struggle to convince a court its a
realistic idea.
You also need a good solicitor who has
experience in cases involving mental health problems in order to get a
realistic appraisal of your chances.
I went through a similar
process and got the result that was needed.