How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

Hi There I find it a bit hard to explain the law, I want a

Resolved Question:

Hi There
I find it a bit hard to explain the law, I want a divorce, I am told the reason I can not get a quick divorce is the fact we have a son Ryan under 16, the reason for this I am told is so that the court can decide custody of the child, I have already been to court and have residence order with an interdict, staying Ryans mother can not remove Ryan from my custody, or the highland area, so why do I need to go through the longer process when custody has already been established by the court
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.Its nothing to do with the court deciding custody. The law is that is any divorce where there is a child under 16, the court has to be satisfied that the arrangements for the care and well being of the child are satisfactory. Because of this the court seeks affidavit evidence at the time of the grant of divorce about the child.So the law excludes simplified procedure divorce from persons who have a child under 16. No exceptions.I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you