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JGM, Solicitor
Category: Family Law
Satisfied Customers: 12082
Experience:  30 years as a practising solicitor. Partner in own firm.
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I have moved out of my rented apartment in Edinburgh, with

Customer Question

I have moved out of my rented apartment in Edinburgh, with the intention of moving to St Albans in England. My son's (8 years old) father is objecting to the move and wants me to return to Edinburgh with our son or he will go to court to request residency order be made in his favour. He has parental responsbilibty granted by the courts in Edinburgh and a contact order. I have not broken the contact order and I am taking my son to Edinburgh on Thursday to see his father as per the existing arrangement.I am currently residing with my family in England. Do I need to go to court in Scotland for a special issues hearing for us to move or can this be done in England? Am I able to secure my house in St Albans so as my daughter (14 year old different father) can attend school or would this go against me in a court? I am moving to be closer to friends and family and a support network which I don't have in Edinburgh. To give my children a fresh start as they have both had a difficult year in school with bullying and behavoural problems since the court case last year to grant a contact order and give parental rights to my sons father. My job is able to accomodate a relocation and is securing me a role at the head office nearby which will enable me also to spend more time with the children. I should add I had previously discussed this my sons father who is now denying the conversation. He was aware that we have moved out of our apparment and were looking to move to England. The children have not returned to there schools in Edinburgh as they were waiting for their places to be confirmed at schools in St Albans. I don't know how I should progress things and if I am able to be represented by a lawyer fromEngland or if I must have one in Scotland. Thank you for any advise you are able to offer
Submitted: 3 years ago.
Category: Family Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
For how long have you and the children been staying in England? The schools go back there later than in Scotland so I take it they are still on summer holiday?
What does the contact order say and are you able to offer the father the same contact in accordance with the order?
Customer: replied 3 years ago.
Hello, we have been here over the summer holidays so just over six weeks.
The schools in Scotland have gone back and my sons father wants him to return to his school in Edinburgh. I have got the headmisteress consent for my son to be on extended holiday until we were due to move.
The court order say I have residency of our son, grants my sons father parental responsbilibty and contact, the contact is every other weekend Thursday pm to Sunday afternoon. This may need to be changed if we moved due to school on Friday however holiday contact can remain as is.
The father travels to London frequently on work and could see our son then.
Expert:  JGM replied 3 years ago.
As you've only been in England for. Matter of weeks you should see your Scottish solicitor with a view to having the contact order varied. You will have to establish that the move is overall in the best interests of your son and that his father will still get regular contact.
It would be competent for you to apply to the English courts as well but I anticipate that the English court would refer the matter back to Scotland on the basis that there have been proceedings here already.
Happy to discuss further.
Customer: replied 3 years ago.
Do I need the courts permission to move? Or can I move into a new property without my sons father consent and before it goes to court?
Expert:  JGM replied 3 years ago.
It's not so much that you need permission to move house, however, you will need to ask the court to vary the contact order if you can't obey it. If you don't, then you are in breach of the contact order.
However, on the face of it there's nothing to stop you moving house.