Ask a Law Question, Get an Answer ASAP!
Thank you for your question. I am a solicitor in Scotland. The law is that either of you could instigate proceedings either in Scotland or England because one lives in Scotland and one in England. It is unlikely that he will serve over the weekend for a hearing on Monday in England. It isn’t legal for sheriff officers to serve papers at the weekend. Whoever raises their divorce action first will secure jurisdiction so if you can get a divorce action raised in Scotland and served on him. Thereafter the English court would have to decline jurisdiction because there are existing proceedings in Scotland. I hope that helps. Please leave a positive rating so that I am credited for my time.
In the first instance ask your mother to open the envelope and find out what it is in it.
What is the overall action in respect of and what is the purpose of the date on Monday.
I don’t think the court in England would necessary have jusrusdiction if the children are habitually resident in Scotland. However I can’t really help you unless you get the envelope opened.
Who served the papers at your address? Was it a sheriff officer? When did you remove the children from England? What contact was the father getting at the time? I am going out just now but will come back to you later in the day.
Not so far no.
Got it now, thanks. Is there no papers to say who served them? If not then they will have a problem establishing service to the English court. In any event this is clearly a case of serving after the children have been removed from the jurisdiction of the English court. I suggest you see a Scots lawyer immediately and get a residence order in Scotland on the basis that the children are now resident here.
That doesn’t look like a valid service to me however see someone immediately.
Yes, I did say earlier that whichever proceedings were raised first would prevail. If the Scottish solicitor isn’t confident you will need to comtact an English solicitor and try to get the order overturned on the basis that this is not in the best interests of the children.
Jurisdiction in child cases is where the children are habitually resident. The first argument you should make is that the children are no longer habitually resident in England. You will have to keep trying for an English solicitor. They won’t all be on holiday.