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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Just answer, Please could you help advise me. My sister,

Customer Question

Hi Just answer, Please could you help advise me.
My sister, part time nurse, mother of two children (aged 1 & 4) is a Irish National living in Scotland and has recently separated from her UK National civil partner, whom she was living with for around 8 years, where they bought a house together around 6 years ago.
Is my sister allowed to return/ re-locate Home to Ireland with her kids?.
I ask because the father of her children is still being abusive and un-co-operative. He clearly has no regard for the children's welfare - meaning - doesn't care about bring them to school on time... Is consistently abusive to my sister in front of the kids and doesn't support the children financially in anyway. It's not that she wants to severe any contact between the father and his children, only she wants to re-locate so she get family support in order to help provide a stable home, school environment and financially maintain the children.
She would be happy to have arranged visits scheduled as long as the father conducted himself in a kind, respectful and proper manner?
Best
M
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

I am afraid that to remove the children from Scotland permanently your sister will need to have either the agreement of her ex OR an Order form the Court

Please ask if you need further details

Customer: replied 10 months ago.
Hi Clare, Thank you for your response... I would like to ask for a few further details if I may...1, When stating 'permanently' - Does that mean a 'temporary' option may be available? and if so, how what is the maximum amount of time a 'temporary' re-location be? Also would this be the case if the children had Irish passports? which to my limited knowledge, would qualify them as Irish citizens!2, Re: My sister... Is domestic abuse (Verbal, not physical) enough to seek a Order form the Court?3, Can my sister apply to be a sole guardian if the she felt the children were being neglected and unmaintained... Example being, if the children were consistently late for - both - being left and picked up from school/ No financial contribution towards the up keep of the children have been made?Best
Michael
Customer: replied 10 months ago.
Hi Clare, please only re-read this edited to the legal advice you kindly gave.Thank you for your response... I would like to ask for a few further details if I may...1, Would this still be the case if the children had Irish passports? which to my limited knowledge, would qualify them as Irish citizens!2, Re: My sister... Is domestic abuse (Verbal, not physical) enough to seek a Order form the Court?3, Can my sister apply to be a sole guardian if the she felt the children were being neglected and unmaintained... Example being, if the children were consistently late for - both - being left and picked up from school/ No financial contribution towards the up keep of the children have been made?Best
Michael

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