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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11559
Experience:  30 years as a practising solicitor.
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My partner's children have both stated that they

Customer Question

Hi there
My partner's children have both stated that they wish to change residency to live with him. They are both willing to make a statement to an independant solicitor. My partner has secured school places for the girls here in Aberdeen that they can attend as soon as they are living up here (i.e. - at anytime from today). The mother does not want the children to live with their father and has said she doesn't care what the children's wishes are. This has been stated to social services and via her solicitor. My partner is going to see his solicitor tomorrow to take the next step which we assume is application of a residency order and interdict. We have a caveat in place in Perth to alert us if the mother tried to spply for residency ( as there is no residency order at present, only a contact order that covers my partner's contact time with his children).
Can he take the children out of their current schools and move them to the new school without the mother's permission? As we already know she wont grant persmission. Our priority is to change the girls' schools asap as the youngest is in P7 at the moment and the eldest coming to the end of 2nd year. He would like them to be attending their new schools by the end of the easter holidays. Would this be feasible?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I previously advised that a residency order and interdict should be sought immediately. Why was that not done?
I would be concerned that the mother now has that as an argument against a residency order being made in favour of the father, along the lines of "if things were that bad" why did he not act sooner.
Customer: replied 2 years ago.
The residency order was not sought as social services were investigating at the time. My partner was in close contact with an officer from young persons rights and a social worker. Three days ago he was told that social services would not be proceeding further with the case and so he called his solicitor. Social services advised hi, to take legal action.
Customer: replied 2 years ago.
Also I should clarify that the mother had previously stated that if the children requested to move to their father, she wouldn't stop them. She has changed her position regarding this.
Expert:  JGM replied 2 years ago.
Here is the thread that I advised on several occasions that a residency order should be sought along with an interdict.
http://www.justanswer.co.uk/scottish-law/8ujul-partners-two-children-allocated-time.html
My advice has not changed. He should do whatever is required to safeguard the children and do what is in their best interests and if that means taking them before he applies to the court then he should do so.
Customer: replied 2 years ago.
Thanks. He has been trying to get the girls with minimum disruption to them. Court seems the only way now. Thanks for your time.
Expert:  JGM replied 2 years ago.
You're welcome
Unfortunately moving them from one home to another will mean disruption but if its what they both want and it's certainly appears to be the best thing for them, he will have to do what is necessary.
I hope it works out for you.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
We have now applied for a varying on the order to apply for residency. The interim hearing is on Friday. We know that his ex wife received the papers as the Sherrigf Court hand delivered them to her. As far as the children are aware, she has not read them. They said that a letter had come from court but mum hasn't read it. The interim hearing is on Friday. If she doesn't have representation on her behalf at that meeting, what would that mean? How would it affect the proceedings?
Expert:  JGM replied 2 years ago.
Your partner's solicitor should be ready to tell the court that the children have indicated that the papers were delivered by sheriff officer but that their mother didn't read them.
The court can deal with the application in her absence if she fails to appear.