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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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I have recently picked up my daughter from Northern Ireland

Customer Question

I have recently picked up my daughter from Northern Ireland to bring her to scotland for the summer holidays.She is 6 yrs old. She said to me that she wants to stay with me. Can i keep her,get her in to school or will i be arrested. I am still married to her mother but been seperated 1 yr. My daughter has been staying with her mum. I have a secure job and a house. Please can you advise me please.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Your daughter is habitually resident in Northern Ireland the courts in Northern Ireland have jurisdiction to determine whether your daughter stays with you or your wife. You will have to see a lawyer in NI immediately if you want to progress this.

You can only use the Scots courts if there is an emergency situation. In terms of the Children (Scotland) Act 1995 only a child of 12 years or older can indicate his or her wishes.

A six year old is unlikely to be able to influence a residence/contact dispute.

I hope this helps. Please leave a positive response so that I am credited for my time.