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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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After my ex wife and I seperated, she returned from England

Resolved Question:

After my ex wife and I seperated, she returned from England to Scotland with our 1 year old twin daughters.
Since then I have driven up to Scotland and back to see my children on a monthly basis and paid her the agreed sum for child support.
The girls are now 7 years old and for the past year or so, each time they come down to visit they ask me if they can live down here in England with me and my wife.
My wife and I both work and can financially support the children in a safe environment.
We have a strong family network for support too.
My ex wife has a history of alcohol related issues and the children have made comments about her being drunk when looking after them.
Recently she has kept them off school for very minor issues and I think this is having a detrimental effect on them. There is no court order in place to say that they must reside with her and so how do I go about obtaining custody of them both?
Thank you
Alex Southgate
Submitted: 3 years ago.
Category: Scots Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

As the children live in Scotland, you would need to make your application to a Scottish court. Family law and the law relating to children works differently in Scotland, so I am asking admin to recategorise your question so that a Scottish solicistor can answer it.

There's no need to reply to this post.
Customer: replied 3 years ago.
Where do I find the response from a Scottish law solicitor?
Expert:  Nicola-mod replied 3 years ago.

One of our Scots law experts should pick this up for you - I am just going to re-open it now.

Please do not reply to this message as it will send the question back to me, which may cause further delay.

Thank you,
Expert:  JGM replied 3 years ago.
Thank you for your question. I am a Scottish solicitor and will help you with this.

The children reside in Scotland at present so the Scots courts have jurisdiction. You will have to instruct a family lawyer in Scotland and you will have to seek a residence order. There is no such thing as custody any more as both parents have parental rights and responsibilities.

You will have to establish in evidence that it is on the children's best interests that they stay with you as opposed to their mother. The wishes of the girls may be taken into account but only as one factor in the evidence. You will have to prove that the mother is unfit to look after them especially given the length of time that they lived with the mother.

You must establish that your position is in the children's best interests. That is crucial and if you fail to do so the court will not make the order for residence that you seek.

You will have to establish family support, schooling, financial support and emotional support as well as proving that mother can't look after them properly.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you