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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?
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
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?
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.
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.
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?