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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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Hello My daughter and son-in-law are in the process of splitting

Resolved Question:

Hello

My daughter and son-in-law are in the process of splitting up. He signed over the joint tenancy to her today. He has taken my 2 year old grandson swimming but threatened ti kidnap him as they left the house. If he keeps Ethan, what does my daughter have to do
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Your daughter as the parent with care should immediately see a solicitor and get an interdict preventing him from removing the child from the area. She should also seek a residence order. It is unlikely that he will carry out such a threat in my experience but if he has made the threat she does have good grounds to get orders protecting her interests.

Note that both parents have parental rights so there is no issue of "kidnap" in the criminal sense. Until a court says otherwise, a married couple have equal rights in respect of a child.

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