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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am in he middle of a legal battle with my husband over child

Customer Question

I am in he middle of a legal battle with my husband over child arrangements. Cafcass is involved, I won a fact finding hearing, it's a domestic abuse case, cafcass were in the process of deciding how contact was going to be set (there is none between my husband and children at the mo), they ar 8, 6, 5 years. But I have just found out that my husband has moved out of englNd and back to Glasgow (family home). And I am now being told this changes the case as Scotland is out of English law jurisdiction? What does this mean for my case? What are he implications?
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. Was the application pursued by him or by you to stop contact taking place?Are you and the children in England? It is correct that Scotland is considered a different jurisdiction and has its own process and laws to deal with these issues, however as the application has already commenced in England, and as it appears that the children are in England, then the English Court's have jurisdiction and he will have to apply for the proceedings to be transferred to Scotland although there is strong argument that it should not given that the children are in England and he has only just returned there recently.
Expert:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.