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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15899
Experience:  30 years as a practising solicitor.
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My brother is the middle of a custody battle for his kids.

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My brother is the middle of a custody battle for his kids. (51/2 month) and five year old. The wife took kids to Manchester from Glasgow unlawfully without his consent. He went to court as she put their son in school in Manchester when he was supposed to start in a school in Glasgow without his consent. He wanted them to return to Glasgow but the the wife put a lot of false allegations on my brother from a domestic abuse and violence front. A bar report has been done which has concluded that there appears to be no substance to the allegations and evidential hearing is required. However there is no point as my brother will never get kids as new baby involved and five months has now passed where they have been in Manchester. But what he was then trying to do is get maximum contact. But she is being really unreasonable. She is using breastfeeding as way of restricting the contact between baby and father. Only one hour a week. For son to start coming back up to Glasgow she is using the can't be expected to travel half way with baby as argument and then not allowed half Christmas holidays as too long away from sibling since cant take baby. It's just plain unfair. Why is it he gets the short straw. She is the one that has done wrong just to get her own way yet it's the father that gets penalised.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Which court is dealing with the matter?

Customer: replied 3 years ago.
Glasgow Sherriff court. And judge is Sherriff Anwar
Customer: replied 3 years ago.
My brother can not afford evidential hearing anyway and now it just seems he has no choice but to concede residency. He just wanted them to return to Glasgow so they could work on marriage and do shared parenting but she has used all the buzz words. Cultural Honorary reprisal, and so on. If the hearing gets delayed it will just work in her favour.

I shall opt out and transfer this to the cots law section.

There may be a delay but please be patient my colleague is well worth waiting for

Customer: replied 3 years ago.
ok thanks
Customer: replied 3 years ago.
Hi nobody has got in touch with me. I assume its because it is Sunday. Should I be expecting something tomorrow.

I am a lawyer in Socotland. Has your brother been using a solicitor for the case in the sheriff court? What was the recommendation of the bar report? Has your brother tried to get legal aid? If not why not? Has he asked for an order for the children to be brought back into the jurisdiction? I presume he considers that to be in the children's best interests? Is he seeking residence or contact? If residence how does he propose to look after the children? Is he prepared to exercise contact in Manchester if needs be? Has the court fixed a Proof yet for evidence to be heard?

Customer: replied 3 years ago.
my brother is using a lawyer. He did ask for an order for the children to be ordered back and this is what has resulted into all this legal battle. To date: Two urgent hearings and a bar report. He has had to change his lawyer recently as she was too expensive and he simply could not afford it. The recommendation of the bar report was that an evidential hearing is required. The children for now should not be called back from Manchester until the hearing has been completed. However, she did feel that there was no real substance to the allegations. My brother has not sought legal aid yet as the problem is he will not get it just now but his work contract comes to an end at the end of the year. So he should be able to in the future. His thinking was since he will most probably not get residency and schooling because of newborn there is no point in going for an evidential and wasting money for something he will not get since there is a baby involved and his five year old has started school in Manchester and they have been there for five months. So that was what was agreed with new lawyer as she could not do dates for proof (29 nov - 1 Dec). She does do legal aid but it was thought that we shall just try and settle some sort of good maximum contact. However, what has happened now is that the wife side is getting very difficult and using the excuses that I stated above about breastfeeding in order to restrict even the contact. He is already exercising contact in Manchester every weekend. One weekend residency with five year old son - (Sat 2pm-Sun 4pm). And then second weekend (Sat 2pm-7pm). He only sees his baby for one hour of this time. He wanted to move to every fortnight back to Glasgow for eldest son and wanted her to travel to Gretna Green in order to support this. The other weekend he was prepared to non-resident contact in Manchester. He then wanted half of the holidays. He also wanted to increase his time with baby. Travelling to Manchester and living in hotels is not sustainable in the long-term. She is using the breastfeeding the baby as the reason to limit the contact then separation from sibling as the other excuse for restricting holiday time. This is simply just unfair. There must be robust arguments to dispute this.
Customer: replied 3 years ago.
Baby is now nearly six months so should be starting to wean too.
Customer: replied 3 years ago.
Please tell me also that nobody can see my question publicly.

He should from a tactical point of view continue to proceed towards a proof hearing in respect of residency. But he should settle for a generous contact order. He will have to do the travelling I'm afraid as the court can't make her travel and in any event the children are too young to do too much regular travelling.

Customer: replied 3 years ago.
What is a generous contract order then?
Customer: replied 3 years ago.
there is very little time left now as we are fast approaching the end of December
Customer: replied 3 years ago.
November I meant but he can't afford so shall he delay on basis of legal aid but then works in her favour

If there is a proof coming up, and of legal aid is applied for quickly and under the special urgency regulations, it may be granted in time. Generous contact is whatever he can comply with as it is he who will have to travel to Manchester. If he can do that weekly then he should ask for weekly contact. If not, then what interval can he travel there. It appear that he should be doing everything he can to prepare for the proof hearing along with his lawyer and applying for legal aid is something that should be done immediately, assuming his lawyer thinks he would qualify financially. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 3 years ago.
You have not directly asked my questions. What the robusta arguments to trying to gain the maximum contact since a baby is involved? How can we argue this effectively so he can get a baby for more than two hours.

What he has to do is demonstrate to the court that he is capable of looking after the child for longer periods in the difficult situation that the child is less than a year old and that he will have to go to Manchester. So I have to throw that one back to you as will his own lawyer. What are his proposals?

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15899
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you