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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12071
Experience:  30 years as a practising solicitor.
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I'm separated from my ex years. We have 2 primary school

Customer Question

I'm separated from my ex for 2 years. We have 2 primary school age children. As he lives several hours away he sees them every few weekends, sporadically. I've been offered a brilliant job in London and wondered if he can prevent me moving with the children?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The question here is what is in the best interests of the children by way of lifestyle, financial security, education and general welfare. You say that the father sees the children sporadically. A court would want to be satisfied that the father would still be able to maintain contact with the children on a fairly regular basis if he wanted to do so. For that reason you would have to factor into your intentions a contact proposal that would be in the best interests of the children as regards ***** ***** their father. That may be during holiday periods for example or by you bringing the children back to Scotland for the purpose of contact or for an agreed meeting place half way, as examples.
What you will not be able to do is go to London and forget all about the father and his parental rights under the legislation.
I hope this helps. Please leave a positive response so that I am credited for my time.