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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12087
Experience:  30 years as a practising solicitor.
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Can you tell us what rights my daughter has regarding if she

Customer Question

Can you tell us what rights my daughter has regarding if she leaves the council house they share, and can he dictate where she lives with her 2 children as he does not want them staying at her mums house, as he does not get on with us, he is very controlling and we are worried for her.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

She would still have occupancy rights in the house for up to two years from the date she left.

If she is the parent with care it's unlikely that he would be allowed to interfere with where she stays with the children. He would have to establish that it was not in the best interests of the children to stay with you.

She may want to see a solicitor and apply for a residence order from the court so that there is no doubt about the matter.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thanks for your comments, and will get her to a solicitor as soon as possible.


Expert:  JGM replied 3 years ago.
You're welcome.