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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11125
Experience:  30 years as a practising solicitor.
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Hi, I am a father of 2 kids. I am wondering what i need to

Resolved Question:

Hi, I am a father of 2 kids. I am wondering what i need to do and what rights i have when applying for guardianship?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
What ages are the children, what is the family situation and what do you take guardianship to mean?
Customer: replied 3 years ago.

the children are 1 and 3 as of august this year. not married but broken up with partner. She has taken the kids to ireland. and I would like to work towards shared custody.

Expert:  JGM replied 3 years ago.
This is not guardianship nor is there such a thing as custody any more, it is an issue of residence and contact.
I presume that you want equal contact with the children. However, do the children now stay in Ireland? How long have they been there?
Customer: replied 3 years ago.

yes equal contact and for me to look after them part of an average week. The stay in ireland and permanantly so as of 4 weeks ago. (our residency has been scotland still) we were in the process of moving. 2 weeks ago we broke up. also are they allowed to stay over there without my permission?

Expert:  JGM replied 3 years ago.
Are they in Northern or Southern Ireland?
Customer: replied 3 years ago.

southern.

Expert:  JGM replied 3 years ago.
In that case they have been taken out of the UK without your permission and that is contrary to the Children (Scotland) Act 1995. You should see a solicitor to deal with for you immediately.
Do not delay as if you do the argument against you will be that the children are no longer habitually resident in Scotland and that the Scots courts don't have jurisdiction to hear the case.
See the legislation as follows:
"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."
Subsection 6 means a person with parental rights.
You have parental rights if you are named on the birth certificates or if you were ever married to the mother.
JGM and other Scots Law Specialists are ready to help you