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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11689
Experience:  30 years as a practising solicitor.
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My wife is indonesian and i am british both my children have

Customer Question

My wife is indonesian and i am british both my children have british passport who has the right for custody over the children if we seperate?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

You both have equal parental rights. Nationality is not an issue when deciding where children stay. The test is what is in the best interests of the children.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Can she leave the UK with the children without my permission?

Expert:  JGM replied 4 years ago.
No, she can't. That is a breach of the Children (Scotland) Act 1995 a follows:

"2. Parental rights.
(1) Subject to [ Section 3(1)(b), and (d) and (3) ] 1 of this Act, a parent, in order to enable him to
fulfil his parental responsibilities in relation to his child, has the right
(a) to have the child living with him or otherwise to regulate the child's residence;
(b) to control, direct or guide, in a manner appropriate to the stage of development of the
child, the child's upbringing;
(c) if the child is not living with him, to maintain personal relations and direct contact with
the child on a regular basis; and
(d) to act as the child's legal representative.
(2) Subject to Subsection (3) below, where two or more persons have a parental right as respects
a child, each of them may exercise that right without the consent of the other or, as the case may
be, of any of the others, unless any decree or deed conferring the right, or regulating its exercise,
otherwise provides.
(3) Without prejudice to any court order, no person shall be entitled to remove a child habitually
resident in Scotland from, or to retain any such child outwith, the United Kingdom without the
consent of a person described in Subsection (6) below."