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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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Hi There I find it a bit hard to explain the law, I want a

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Hi There
I find it a bit hard to explain the law, I want a divorce, I am told the reason I can not get a quick divorce is the fact we have a son Ryan under 16, the reason for this I am told is so that the court can decide custody of the child, I have already been to court and have residence order with an interdict, staying Ryans mother can not remove Ryan from my custody, or the highland area, so why do I need to go through the longer process when custody has already been established by the court
Thank you for your question.Its nothing to do with the court deciding custody. The law is that is any divorce where there is a child under 16, the court has to be satisfied that the arrangements for the care and well being of the child are satisfactory. Because of this the court seeks affidavit evidence at the time of the grant of divorce about the child.So the law excludes simplified procedure divorce from persons who have a child under 16. No exceptions.I hope this helps. Please leave a positive response so that I am credited for my time.
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