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: 11135
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

my daughter has just split up with her partner due to his domestic

Resolved Question:

my daughter has just split up with her partner due to his domestic abuse. she is back living in Scotland with me and he lives in Hatfield near London. they have just recently had a child together and he is also living with me. he has threatened to take her through court to take her son away from her would she have to go to court down in England because her son was born down there or could she request the to go to court up here. could you also tell me what a certificate of residents is because I have been told I need to get this for my grandson can stay in Scotland.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
As the child is now habitually resident in Scotland, any court case would have to be in Scotland. The courts in England no longer have jurisdiction.
Your daughter should go to a solicitor near to you and ask the solicitor to apply to the court for a residence order from the sheriff court along with an order preventing the ex partner from interfering with her care of the child.
There is no such thing as a certificate of residency required for your grandson to stay in Scotland. A residence order is required for his protection.
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