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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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Can my ex take our child without informing or consulting m

Customer Question

Can my ex take our child without informing or consulting me
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
Can my ex take our child on holiday with her new partner without informing or consulting me
Expert:  JGM replied 1 year ago.
If you both have parental rights to the child and there is no court order of formal Minute of Agreement making specific residence or contact orders then the answer to your question is generally yes. However, if the child has his main place of residence with you, a court would not look upon this terribly kindly and in some circumstances could consider this abduction. Further, under the Children (Scotland) Act 1995 a parent can't take a child out of the U.K. without the consent of the other parent or a court order. So if the intention is to holiday abroad, you would need to agree to that. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.