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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex has applied for a residency order but has put the case

Resolved Question:

My ex has applied for a residency order but has put the case on hold in Scotland. I am living with the three children in Leicester. Can I apply for a residency order in England while the other in Scotland is on hold? Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and how long have they been in England now?
Clare
Customer: replied 2 years ago.

Hi Claire.

Hope you can help

the children are aged between 6 and 2. been in England for about 2 months

Thanks

Expert:  Clare replied 2 years ago.
Hi
Why do you wish to make an alternative application?
Clare
Customer: replied 2 years ago.

Because he won't say how long he will keep it on hold for. He wants to keep it on hold till he gets what he wants and that's the kids over Xmas. He is bullying me into it constantly and I need to get this resolved. Is it possible to get an order here since he is stalling?

Expert:  Clare replied 2 years ago.
Hi
Why do you not ask the Court in Scotland to relist the matter?
Clare
Customer: replied 2 years ago.

I live in England and traveling to Scotland would be expensive plus kids are in school. Would prefer it here.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that until the children have lived in England for at least 6 months you cannot make an application to the English Court.
When that time comes you will need to apply to dismiss the Scottish proceedings so that the new proceedings can be issued in England.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you