How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10904
Experience:  30 years as a practising solicitor. Partner in own firm.
31090051
Type Your Family Law Question Here...
JGM is online now

my son lives in Scotland, his little girl lives in England.

Resolved Question:

my son lives in Scotland, his little girl lives in England. He is on birth certificate and has always had access, she is in Scotland at present on holiday with us. He does not want to send her back as she is not allowed to be with her mum and is living with her grandmother at present. What would happen if he kept her.
Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The parents have equal parental rights and responsibilities. If there is no court order in place at the moment then he can keep her with him. Any court proceedings would take place in the English courts, I anticipate, given that the child is habitually resident in England at the moment.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10904
Experience: 30 years as a practising solicitor. Partner in own firm.
JGM and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

So am i right in thinking that if he keeps her the only thing they could do is go through an English court to try to get her back. I am also right in thinking the fact that she is not allowed to stay with her mum would be in his favor? He would not be breaking the law by keeping her?

Expert:  JGM replied 2 years ago.
How do you mean "not allowed to keep her"?
Customer: replied 2 years ago.

she stays with her gran as social workers have said she can not stay with nikki (her mum) but we dont know why. the gran does not have a custody order or anything and she said last time the wee one was here that social services were talking about putting her in care to which she said she would send her up here before she let that happen.

Expert:  JGM replied 2 years ago.
That would presumably solve the problem. I would advise that you get your son to call the social workers concerned and discuss this. It may be that they will ask local SW up here to check that your son has a nice home etc and could look after his daughter.
Customer: replied 2 years ago.

ok thank you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters