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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14077
Experience:  30 years as a practising solicitor.
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My husband made an interdict order so that i cant take my

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My husband made an interdict order so that i can't take my son to England. Now I got a job in England and have to move and take my son with me.Is there a chance for the sheriff not to remove the interdict?
Thank you for your question.

You have to apply to the sheriff for the interdict to be recalled.

Whether the sheriff will do so depends on whether it is established that it is in your son's best interests to move to England as opposed to staying in Scotland near his father.

What are the particular circumstances that might be in your favour, or against you, as the case may be?
Customer: replied 6 years ago.

Dear Mr JGM,


 


One of the advantages is that i will work and my husband won't pay my bills as i had to take him to court for aliment. My son has less connection with my child as he was too busy with his girlfriend to spend any time with him. I alos proposed a different type of contact with him so that my son can spend longer time with him.My son also keeps coming back tired and having a cold all the time but the sheriff didn;t pay any attention to that. I am moving due to my job as i couldn't secure one in Scotland. So financially he is restricting me to stay in Scotland and depend on him who doesn't want to help financially at all. I am more or less forced to move to England.


Miruna

What contact does he have just now?
Customer: replied 6 years ago.

He sees him every second weekend from Saturday 9 am to Sunday 6 pm.The interdict has been put in place with no reason as he doesn't want me to take him out of the sheriffdom. I need to know what i can do to lift this interdict legally as there is no point for it to be in place first and second i need to work and i can't leave my son who is 14 months old with him and go to Englnd it is just unacceptable.I offered extended contact to him but i am worried he might not agree to lift the interdict. My situation is that i feel legally trapped from a personal point of view as i can't go t England and work because of the interdict.I don't understand how the sheriff could have agreed to it without knowing the circumstances.


Miruna

You can apply to have the interdict recalled. I assume the action is still ongoing. You need to get your solicitor to finalise your written defences with all the current circumstances and get the case to proof so that the sheriff can hear evidence. An interim interdict is only a temporary order and can be lifted on a change of circumstances.

Perhaps because you have a job, the sheriff will see that as a change of circumstances. Remember,however, that the sheriff will be very reluctant to deny the father contact to his child if the father genuinely wishes to exercise contact. Your case will have to be well prepared by your lawyer.

U nfortunately I can't tell you what the sheriff is likely to do without knowing all the evidence.
Customer: replied 6 years ago.

Than you very much that was really helpful.Have a Happy New Year.


Miruna

You are welcome. Don't forget to leave positive feedback so that I am credited for my time.
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