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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Can XH move my kids to Scotland?

7 replies

Emmabehr · 24/09/2017 21:09

My XH and I have been divorced for 6 1/2 years. He's remarried and I'm single. I stayed in the surrounding area despite having no family so that the children could maintain a relationship with him despite our differences. It was not an amicable divorce. I left him after 4 years of domestic abuse etc.
My XH and I both have parental responsibility. We have 3 children aged 13, 12 and 7. Currently we live within a 10 minute drive of each other. Our 13 year old has been living with him for the last 18 months so she can be closer to friends from school etc. The other 2 live with me and have access to him every other Friday and every other weekend.
He is now seriously looking to move to Scotland and wants to take all 3 children with him. We currently live in the South West so Scotland is not an easy journey. Our 12 year old daughter has been under the Child and Adolescent Mental Health Services since she was 2. He's a great emotional manipulator and will cry in front of the children if he isn't getting them to do what he wants and so they agree through guilt and fear of making him unhappy.
Do I have any legal standing to stop him from taking them to Scotland.
I'm having a sit down with him and his wife on Tuesday evening and taking my Dad with me so I'm not alone.
Many thanks.

OP posts:
babybarrister · 24/09/2017 21:28

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babybarrister · 24/09/2017 21:29

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RandomMess · 24/09/2017 21:35

Yep you can apply for a prohibitive steps order, I'd crack on with it tbh!

fikel · 24/09/2017 21:41

I don't know if the law has changed since the 1970s but my Mother was awarded custody of myself and my brother who lived in England. We visited my Scottish Father in school holidays. He was v manipulative and we were enrolled in Scottish schools. My Mother was told in Scotland he wasn't breaking any laws as the decision of the court had no bearing in Scotland.
In the end my brother and I were split up, I came back to England and my Father could only see me if he visited England. ( This didn't last long).
Please get proper legal advice

Emmabehr · 24/09/2017 21:42

Thank you for your speedy responses. I've had this landed on me today and my head has been spinning! Trying not to let the kids see my turmoil whilst sorting homework and uniform and one child with flu! Going to try and contact Child Law Advice tomorrow so that I have the knowledge I need walking into the meeting on Thursday. Smile

OP posts:
babybarrister · 24/09/2017 21:44

This reply has been deleted

Message withdrawn at poster's request.

Emmabehr · 24/09/2017 21:46

@babybarrister I've saved it to read in the morning with a clear head and a strong coffee. BrewMuch appreciated

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