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Moving abroad with children.

(7 Posts)
ihatecbeebies Thu 28-Jul-11 13:54:43

I am trying to find out some information on Scottish law with regards to moving a child abroad. Father is named on birth certificate and has parental responsibility but is separated from mother, mother has full care of child and no residence orders are in place but child visits paternal grandparents one weekend every fortnight and father has contact with child during this period, this was arranged through a lawyer but no court was involved. Would the mother need the fathers permission to move abroad? Contact would change to during school holidays if moved.

If fathers permission was needed but refused what would a court order involve?

OldLadyKnowsNothing Thu 28-Jul-11 15:21:52

Yes, you need the father's permission to move abroad, or you can try to prove to a court that your reasons for doing so outweigh the child's right to regular contact with his/her father. Who's going to pay for the traveling?

ihatecbeebies Fri 29-Jul-11 11:37:38

The father is unemployed, the mother and partner are both moving for good jobs so they will be the ones paying for travelling.

OldLadyKnowsNothing Fri 29-Jul-11 12:37:33

With no residence order in place, you can't even take the child/ren abroad for a holiday without the father's permission. I think it's time to go back to the lawyer.

STIDW Fri 29-Jul-11 18:04:45

To take a child abroad to live you require either consent from all those with Parental Responsibility and Rights for a child or permission from the courts.

The criteria for settling Scottish cases is set out in my blog (sorry, I'm feeling too lazy to copy and paste!)

ihatecbeebies Fri 29-Jul-11 20:51:45

STIDW Thanks a lot for the link I had a good look at it.

OldLadyKnowsNothing Tbh I thought a residence order was only made if the parents had to go through courts to sort out access and I hadn't thought I would have needed one, I thought the less involved with courts we were the better it would be for our child. Would you be able to give me more information or point me in the direction of where I could find more about it? Thanks

OldLadyKnowsNothing Fri 29-Jul-11 21:04:00

Sorry, I can't help any further, but this looks like a helpful website.

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