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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11669
Experience:  30 years as a practising solicitor.
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I have a minute agreement with my ex wife. That says my

Customer Question

I have a minute agreement with my ex wife. That says my children. Will reside with her at her home. This was drawn up 3 years ago. She now says she doesn't want my youngest child living with her. I work away from home. So my child if she came to live with me would have to be under care of my fiancé. How do I or even can I go about getting legal custody or guardianship of the child. So my fiancé has parental responsibility. We are in Scotland
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

You can apply to the court for a residence order but where your wife agrees to your child coming to stay at your home you don't need a residence order. Nor does your fiancée need a parental rights order. All you would need, if you want it, is a supplementary Minute of Agreement narrating the change of residence for your youngest child. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.