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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My x partner has taken my son 2 live in Scotland n I live in

Resolved Question:

My x partner has taken my son 2 live in Scotland n I live in n.ireland I had my son fri,sat,sun half day mon half day tues n seen him every other day for various periods of time.....wat r my rights n wat can I do bout this....
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 is the child and when is the move planned for?
Clare
Customer: replied 3 years ago.
He is 4 n she took him thurs without telling me r without any talks.thanx colin
Expert:  Clare replied 3 years ago.
Hi
Are you named on the Birth Certificate?
Clare
Customer: replied 3 years ago.
Yes my name is ***** ***** certificate
Expert:  Clare replied 3 years ago.
Hi
Your ex is not entitled to take the child to Scotland without your agreement or an Order from the Court permitting it
You need to make an immediate application to the court for the return of the Child to Northern Ireland which can then be enforced in Scotland so that the child returns to NI
Given the level of shared care it is unlikely that the court will allow the move unless there are very strong reasons for the move
Legal Aid may well be available if your are financially eligible.
Speed is of the essence
Please ask if you need further details \
Clare
Customer: replied 3 years ago.
Ur service was very poor n completely wrong n I'm very disappointed
Expert:  Clare replied 3 years ago.
Hi
I am sorry that you are unhappy with the service - but the information that I have given is correct
You have Parental Responsibility for your son and your ex has no right to take the child to Scotland (a separate legal jurisdiction) and you van apply for an Order for the return of the Child
If you believe that this is not the case perhaps you could explain what makes you think that
Clare
Customer: replied 3 years ago.
I have been 2 solicitor here who say e can do nothin 4 me e then said that I would have*****2 seek residential order he did not say my x partner would have 2 bring child bac.....I am confused who is rt
Expert:  Clare replied 3 years ago.
Hi
You need to apply for an emergency Order in NI and and then ask for that Order to be Registered in Scotland so that the Children are returned
Details here
http://www.justice.gov.uk/protecting-the-vulnerable/official-solicitor/international-child-abduction-and-contact-unit/uk
Clare
Customer: replied 3 years ago.
I don't mean 2 doubt u but r ya 100 per cent sure this is right
Expert:  Clare replied 3 years ago.
Hi
Do not worry - I understand completely - that is why I referred you to the Government website that sets it all out
Please act quickly - and find a better solicitor!
Clare
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