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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor. Partner in own firm.
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I have left my partner in Scotland And moved south with our

Resolved Question:

I have left my partner in Scotland And moved south with our children.The children are in school here can he insist I return them to Scotland?
Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
When did you move with the children from Scotland to England?
Did you tell him you were moving?
Can you explain your situation a little more?
Customer: replied 2 years ago.

I left three week's ago,I told him several times I would leave but he just kept threatening to take the children.He has hit me before so I had to go when he was out.He has had back surgery and has not tried to help his recovery at all he just spent all day every day playing xbox games.I had to do everything for him and the children.I am a diabetic and am also having investigation's for a growth in my intestines which is very painful but still had no help from him.I just couldn't cope anymore.I have got the children in school here and they are happy.Ihave seen my partner since and he has been able to see the children.Since I left his health seem's to have dramatically improved.thankyou for looking at this.

Expert:  JGM replied 2 years ago.
Your ex would have to go to court to get an order to have the children brought back to Scotland. As they become settled in England they will become habitually resident on England and the Scottish courts would have no jurisdiction to hear a case involving the children.
He can't insist on you bringing the children back if it isn't in their best interests that they live with him in Scotland. Given the history it's quite unlikely that he would get such an order.
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