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JGM, Solicitor
Category: Family Law
Satisfied Customers: 12199
Experience:  30 years as a practising solicitor. Partner in own firm.
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my son lives in Scotland, his little girl lives in England.

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my son lives in Scotland, his little girl lives in England. He is on birth certificate and has always had access, she is in Scotland at present on holiday with us. He does not want to send her back as she is not allowed to be with her mum and is living with her grandmother at present. What would happen if he kept her.
Thank you for your question.
The parents have equal parental rights and responsibilities. If there is no court order in place at the moment then he can keep her with him. Any court proceedings would take place in the English courts, I anticipate, given that the child is habitually resident in England at the moment.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.

So am i right in thinking that if he keeps her the only thing they could do is go through an English court to try to get her back. I am also right in thinking the fact that she is not allowed to stay with her mum would be in his favor? He would not be breaking the law by keeping her?

How do you mean "not allowed to keep her"?
Customer: replied 3 years ago.

she stays with her gran as social workers have said she can not stay with nikki (her mum) but we dont know why. the gran does not have a custody order or anything and she said last time the wee one was here that social services were talking about putting her in care to which she said she would send her up here before she let that happen.

That would presumably solve the problem. I would advise that you get your son to call the social workers concerned and discuss this. It may be that they will ask local SW up here to check that your son has a nice home etc and could look after his daughter.
Customer: replied 3 years ago.

ok thank you