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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12064
Experience:  30 years as a practising solicitor.
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My ex husband is due to take our 2 sons to Trinidad on the

Customer Question

My ex husband is due to take our 2 sons to Trinidad on the 1st of August however he is increasingly being obstructive in allowing me to speak to my sons when they are with him and my worry is he doesn't allow me to speak to my sons when on holiday with them for 2 wks and also he is from Trinidad and I am scared he doesn't return with them. I have been separated for 4 years, Legal separation in place, we share custody however as he has no family here at all chil care etc remains with me and my family
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Have you agreed to him taking them? Has he taken them before? Are there any court orders in place?

Customer: replied 1 year ago.
There is no court orders in place, he has taken them before and I have previously agreed verbally that he could take them, however relationship between him and I has deteriorated somewhat with him ignoring my calls when he has the boys thus no communication with them.
Expert:  JGM replied 1 year ago.

Do you think he will take them and not return?

Customer: replied 1 year ago.
That is my fear
Expert:  JGM replied 1 year ago.

What basis do you have for that fear. If he has threatened not to bring your son back then you could apply to the court to prevent him going. The court could then make an order that he calls every few days and if he ignores that he wouldn't be able to take them away in the future. You are right to be concerned but you have to have a basis in evidence for your concern.

Customer: replied 1 year ago.
I have no evidence, and it's more a gut instinct and the number of occasions now that he is not allowing contact with boys when he has them that concerns me
Expert:  JGM replied 1 year ago.

In that case all you can do is refuse to hand him over and let him take you to court for a contact order. You can speak in court of your concerns.