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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience:  30 years as a practising solicitor.
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my 13 years old daughter has chosen to go and live with her

Resolved Question:

my 13 years old daughter has chosen to go and live with her father. i am a portuguese citizen living in the UK because i married a british man. my daughter is portuguese as her father never registered her in the UK. does my ex husband , we are separated with no legal agreement , have the right to just take my daughter and do wathever he wants as he left me in a very bad financial situation
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You daughter is still under 16 and as such where she lives has to be in her best interests and if the parents can't agree, the court would have to decide.
However, the law is that a child of over 12 years has the right to have her wishes considered by the court. In practice, unless there is some suggestion that your daughter would come to some kind of harm, emotionally, educationally or otherwise, which I presume is not the case, then any court is unlikely to go against a 13 year old's wishes.
So whilst your husband doesn't have the right to do what he wants, your daughter's wishes would sway any decision about where she is to stay.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience: 30 years as a practising solicitor.
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