Parental Rights- Scots Law

My wife (not quite ex-wife) has announced that she is taking my son to live in the South of France with her Partner, and her twins by him.

My current access is every Wednesday night, and every other weekend from Friday night through to Monday morning. Basically 5 nights in 14. (this moved from a 3 nights in 7 arrangement to enable me to have him full weekends which I have found particularly beneficial.)

Child is 4 years old and is due to start school in August.

My ideal situation would be to have him living with me full time- his only grandparents, and several of his aunts and uncles all live on the Southside of Glasgow near me. I want him to live with me and my Partner (with whom he has a great relationship.)

I allowed him to be in France for several months last summer, but strictly as a "one-off"- he came back in November 2012, after going in May 2012 (and was home in Scotland for several holidays, and I was over seeing him regularly.) I granted consent for a trip to France of "a couple of months" but, needless to say, my good will on this was misplaced.

The ex and me still have a house together- she lives there with her Partner- it will now be put up for sale, and they are planning to move to her Partner's house/business in the South of France. She has handed in her notice at her UK employer.

I am living in a rented flat and my son has his own room here. My Partner and I have good jobs and this would be a stable environment for him to live.

I am refusing to grant my consent for her to take him to France to live for an indefinite period.

Basically, I would be really grateful of any guidance on how best to proceed.

I am aware that she cannot take my son abroad to live without my consent and accordingly, this might end up in court, but I also acknowledge that the court may grant her permission to go anyway. Is there any precedent out there for a Court granting custody to a Father in this circumstance, or is this going to be several pounds of legal fees on a futile quest. I am prepared to do anything I need to do to keep my son in Scotland.


  • Curly
    Curly Posts: 398
    First Post First Anniversary Combo Breaker
    i dont know but i wish you the best of luck
    If you want to get with me there's some things you got to know,
    I like my beats fast and my base down low
  • scotsbob
    scotsbob Posts: 4,632 Forumite
    As you realise, it will cost you. My advice would be to get a solicitor who specialises in these cases.

    The average solicitor is a "jack of all trades" doing house purchases, criminal work, wills etc. etc. You want one who is mustard hot on custody cases.

    Use this organisation to find a contact in your area who can put you in touch with a proper solicitor.

    Don't give in, good luck to you.
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