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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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I currently live in clackmannanshire, Scotland and wish

Resolved Question:

hi,
I currently live in clackmannanshire, Scotland and wish to move 67 miles away to Auchinleck, Scotland. I have a nine year old daughter and her father (who i was never married to) is now threatening to take me to court if i move. Can he stop us from moving?
Nicola
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thanks for your question. I am a lawyer in Scotland. The father has, or at can apply to the court for, parental rights including contact to your daughter. So if you are moving away it would have to be seen as being in your daughters best interests. For example, better job prospects for you, better family support, better schooling etc. You would also have to be able to provide suitable alternative contact for the father assuming he gets regular contact just now and that there is a loving relationship between father and daughter. That is very important to a court. Does the father drive or if not how would he see his daughter? You need to be able to answer that. Typically problems arise where a parent wants to take a child to England or further afield. What you suggest isn't so controversial as that but you still need the answers to the father/daughter relationship if there is one or a potential for one. I hope that helps and that you can leave a positive feedback so that I am credited for my time.
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