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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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In Scotland. Children visiting separated Dad. They should be

Resolved Question:

In Scotland. Children visiting separated Dad. They should be going home tonight. He is refusing to send them home to their mother. What can she do?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you question. I am a Scots solicitor and will help you with this.
Please tell me:
1. Ages of the children.
2. Were the parents married?
3. If not when were the children born and is the father on the birth certificates?
4. Is there any court order in respect of residence or contact?
5. What is he reason father refusing to return the children?
6. Is there any formal written agreement?
Customer: replied 2 years ago.
Children are 6 and 3
They are still married
Father says he wants the children days, which we feel is money motivated ( less support to pay) It was agreed that the children were to be returned today and they were told so however he is refusing to sent them back.
Expert:  JGM replied 2 years ago.
If there are no court orders a father has the same rights as a mother to their children. If the father breaches an agreement to take the children back to the mother then the mother will have to see a solicitor and apply to the court residence order. Mother would ask the court to order that the children"s main home is with the mother and the father has contact at certain times which the court will also order.
At present, whilst it won't do the father's credibility with a court any good if proceedings are raised, he is not in breach of any law by having the children remain with him. There is no law that gives the mother priority over the father. Both parents have equal parental rights and responsibilities. Both are, however, expected to act in th best interests of the children above everything else. If father is not doing that, then it won't do him any good if the case does come before a court.
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