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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
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I'm asking on behave of a male friend of mine... He's from,

Customer Question

I'm asking on behave of a male friend of mine...
He's from Dublin, but he now lives in Clydebank for the last 3years..
Last July 2015, his Est-wife and their three children moved over here, she got a flat in Clydebank and the children have settled well into school..etc etc
Single parent benefit had all been set up..
But unfortunately she hasn't settled and now wants to go back to Dublin with the three children..
Alison has anxiety, depression and alcoholic and has weekly visits of the social work department for the welfare of the children.
(He can't prove this- but she drinks and drives with the children in the car!)
The social work department told him without him being here, the children would be taken off her..
He wants to know if he can have the kids full time without a lengthy court battle?
What if she goes to Ireland for a visit but she doesn't return back to Scotland with the children!!
Can she legally do that?
Can he apply for half residency/ custody and share responsibility..
Would this even stop her legally going back to Ireland?
He's became a shell of a man since all this has happened, and now we can't have a life together,
If she found out about me (again!). She would pack up and leave Scotland take the kids with her
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

From what you say he should be applying for a residence order immediately as well as for orders preventing her from removing the children from the area. Whether or not this results in a court battle he has to do this in the interests of the children. If he doesn't she could take the children back to Ireland and it would be mich more difficult to get them back. He has to see a solicitor immediately. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
Can you tell me how he goes about this?
And how quick can it happen!?
Expert:  JGM replied 1 year ago.

He has to see a family law solicitor immediately. He cannot do this on his own. Some orders can be got within a matter of days such as an order preventing her from removing the children. A residence order will take longer but the court normally fixes a child welfare hearing within a matter of weeks. I hope that helps. Please leave. Positive rating so that a am credited for my time.