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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11567
Experience:  30 years as a practising solicitor.
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What are the rules regarding a single mother from Scotland

Resolved Question:

What are the rules regarding a single mother from Scotland wanting to move to England (where she was originally born), they were never married though his name is ***** ***** birth certificate, he has many police incidents regarding domestic abuse and does not pay anything to support his daughter. The court though has granted him to be allowed to see the daughter twice a week. Is there a way for the mother to move back to her home in England without being contempt of court? (By the way asking the father permission would not happen as he would want them here out of spite)
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
By moving to England the mother would be in contempt of the court order by not making the child available for contact. The mother would have to apply to the court for a variation of the contact order so as to restrict contact to holiday periods.
She should have available a detailed account of why moving to England would be better in the interests of the child as regards ***** ***** support, education, welfare, housing etc. as opposed to the current situation here with the criminal father who does nothing to support his child.
The rule is that the court has to be satisfied that it is in th best interests of the child that the order should be made. A good family lawyer should be engaged.
I hope this helps. Please leave a positive response so that I am credited for my time.
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