Moving to Scotland

Gooey

Hi,

I am in a constant battle with my ex to see my son. I have found out a few minutes ago that she is thinking of moving to Scotland in order to stop me from seeing him. If she was to move to Scotland does anyone know if there is a law that will stop me from seeing him as he is in "Another Country?" and if that would effect the existing court case and CSA arrangements?

Any advice would be greatly appreciated.

Thanks

kelloggs36

As far as CSA is concerned - no change (Scotland is still part of the UK and therefore not 'another country' - although there are some slight differences in the law - not enough to effect you though).

Go and see a solicitor for advice regarding your rights for access - I am not sure about how you would stand.

HalfPint

Hi there,

Im scottish and moved to the south west 4 years ago with my kids after my divorce. Basically the laws regarding access are the same (although scottish law makes them overly complicated). If you have an access order in place before she moves it will still be legal and will still apply.

As regards maintenance, you will be entitled to reduce your payments to take account of "reasonable travelling costs" http://csa.gov.uk/en/PDF/leaflets/new/CSL303.pdf

Have a look at this document, the info is on page 28. You have to ask them to make a "variation" to take account of travelling costs if the children live a long way away.

I'd also seek legal advice amending your access arrangement if necessary to make sure you get the children for annual holidays christmas etc.

Hope this helps. More important that all of this is that you maintain contact with them no matter how far away they are (my ex has free access but choses not to be in contact with the kids)

Best of luck to you.

jacquelinenicholas

im unsure what its called but im sure a solicitor will advise, i think its called a prohibited steps order.

Gooey

Hi,

Thanks for your responses I appreciate it.

Zara33

jacquelinenicholas wrote: »

im unsure what its called but im sure a solicitor will advise, i think its called a prohibited steps order.

Not a 100% sure but is the prohibited steps order not for taking children out of the country...not just to another part of the UK

Mr_Green_Genes

In theory, you could get a prohibited steps order to stop lots of things. I doubt that one would be issued in this case but it would be advisable to get access arrangements in a court order. I know that a lot of PWCs flout these things but it would be best to do it anyway.

Gooey

Hi guys, sorry i havent replied for a while, alot has been happening. We have applied to the court for a prohibted steps order and an emergency one has been put in place, however I have an awful suspicion that she has already taken him - if so what can be done now? She is in breech of the jurisdiction and so is in the wrong before we even mention the prohibited steps order but what will be done if she has moved?

Cassie42_2

Hi. We've been through this with my partners ex wife and his children. We also got a prohibited steps order and thought it was the best solution and it was going to stop his ex from moving with the children. After we got it a few months later she applied to the court and was allowed to move. The judge said he can't stop her from moving on with her lifestyle. She provided evidence she had a job and it was more beneficial to the kids. Regardless of whether you get a prohibited steps order its only a prevention and if she wants to move she'll move jurisdiction (If she can show the judge her lifestyle and childrens lifestyle will be better, she has a job, shes moving on with a career, or its a safer environment for the kids). Sorry I haven't given you the advise you wanted to hear but thats what happened in our situation and we decided to give up ages ago as the law is so bias and we got nowhere. Theres all these orders u can do but when it comes down to it seems they can just do it anyway regardless of any orders enforced. Maybe one day well see my exs kids again and the orders given will actually hold some meaning. If she has already moved out of the jurisdiction then she is in breech and she could be asked to come back, but again it varies from case to case.

enemes

Hi Gooey

Sorry to hear of your situation. As ever in these circumstances there are no winners.

This was an issue which came up in my divorce case. However, I realise now that it is irrelevant where in the United Kingdom a former spouse moves to. At the end of the day, the furthest reaches of Cornwall are as far from London as Scotland is.

A prohibited steps order would probably not be of any use here, unless you can prove that it would be detremental to your child's well-being to move elsewhere. OK, you are the father, and you think it would be of detriment to your child being moved away from you - that I can understand, but this is where the law falls on its @rse, because a court will favour a parent who demonstrates that the move is better for that parent; regardless of the child's feelings.

My lawyer told me after I got custody/residence that I could now go anywhere in the world, though Kabul and Baghdad wouldn't be a good idea!

Gooey

Hey im Gooeys partner, not sure if i posted last or if he did so didnt want to confuse u all when i talk in a different tense! We realise that having the order wont make much difference but at least it shows we have tried. She is a young(ish) mum still living with her parents and doesnt seem to have much behind her at the moment so staying with her parents would be best for my partners son. As we have an order in place she has been told she would have to apply to the court to move. We have finally found out she is back at her parents which was a relief but i think it is awful how, normally the mother, can just control everything, be in contempt of court and still get away with it all. We think she has Parental Alienation Syndrome - anyone familiar with this?