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ivorylounge
ivorylounge, Advocate
Category: Scots Law
Satisfied Customers: 34378
Experience:  Over 25 years experience
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My partner is American and threatening to take our 7 week

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My partner is American and threatening to take our 7 week old son away to live with him in America if we split up. We are not married, he is on the birth certificate and he had said he can do this and legally I would have no rights and no way of stopping him from doing this. Please help!

Well he can not do this as it would be child abduction. I would be minded if I was you to make an application to the court to prevent him from removing the child. You can get a solicitor to prepare this application for you as an emergency application.

Customer: replied 6 months ago.
If I was to get an application to prevent him from taking him how long a period of time would this cover last?

It depends on the court. It can cover a specific period or until the child is 16 years of age. Please rate positive.

Customer: replied 6 months ago.
My partner is here just now so I cannot talk over the phone. He has been drinking again and saying all this to me and I am scared he is going to up and leave with our baby

Well see a solicitor and get yourself some protection. You owe it to yourself and the child. Please also rate positive.

Customer: replied 6 months ago.
legally he cannot take our child? I will leave positive feedback, thank you.

Not without your permission.

Customer: replied 6 months ago.
If he did end up going ahead and taking without my permission, would I get my child back or would he be covered in America with him being American?

It could still be covered here but it becomes greyer and hence better to do something here and now.

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