court order valid in scotland

[Eva71]

I am about to move to scotland, no other reason than I want to. have always liked the place and the chance came to live there so I have taken it. What I want to know is is my court order valid up there(currently in wales and the order was made in england) My ex husband is allowed no contact but because we moved quite a few times in 11 years ( this will be the 6th move in 6 yrs, 3 of those moves were due to him tracing my adress btw, one was into a safe house, one was being rehoused from safe house, one a move of my choice near my Mum)the order states that I have to ask his permission to change my sons school.He is not allowed contact but due to him having PR he is allowed school reports and somehow got that I have to ask him to change my sons schools put in the order.

When I move ( 2 1/2 weeks time) i will have to write to his solicitor to ask her forward on a request to change school and my son wont be able to start school until he says yes. So, will my order be valid up there or will he be able to re apply for contact or cause some sort of trouble? The order also states he is not allowed within 30 miles of my sons school, will this still be valid up there?

I'm just worrying about it all a lot now. Thanks

I'm under the impression that you're only free to move within England and Wales and he could stop you moving to Scotland/NI if he wanted. But don't know about the specific questions you're asking, sorry.

Hmmm, there is nothing in the order to state I cannot move though. The thing is...he doesnt actually give a flying pig about his son his just cares about having some degree of control over me still :(

Personally in your situation in needing a safe house I would just move! You can enrol your son into school by yourself, my ex had nothing to do with it.

its in the court order that I have to have his permission before changing school and I have to arrange so he gets his school reports. If I were just to put him into school then I AM breaking the court order and would get into trouble.

I have to say I think it is very wrong in my situation that he could stop us moving. Dont we have rights? It doesnt surprise me though as I established through the court case that it is all about the abusers rights, not the victims. I have seen quite a few horror stories thanks to family courts here in the UK ( via women I was in the safe house with) its terrible.

I'm guessing he can move where the heck he likes? ( so long as its 30 miles or more away from us)

Surely moving to scotland isnt classed as leaving the UK?

BabyB: I shall have to reappraise my understanding of these cases. I had thought that permission was needed to remove from the jurisdiction - i.e. E&W.

It's not about parents' rights, it's about children's rights and parents' responsibilities. Only rarely is there restriction on adults rights to the freedom of movement in the UK but the courts may impose conditions about contact and travel, or if children live with both parents in equal or almost equal proportions a court can decide it is in a child's interest to stay with the parent who isn't moving so as not to disrupt schooling friendships and relationships with extended family.

In your particular circumstances the chances of the child being prevented from moving is low and there probably isn't a great deal of point in your ex applying for a PSO. There are other circumstances when, for example, someone moves purely to prevent contact with a loving and non violent parent. The courts don't know the situation until they hear both sides of the story.

Still think I would go without telling him ( be different if he had contact with child & wasn't abusive).

I did a case last year where the court in Watford treated a move to Scotland as requiring permission, in othe words the treated it as if it was a move to Australia! Technically, not convinced that was right but probably made little difference as dad would just have applied for prohibited steps order to stop move in any case.

You need to get legal advice and do it properly. If you don't sort it out before you go, it could cause problems. It soinds as if he is entitled to know about the school, he's got PR you can't just change a school unilaterally. English orders not automatically enforceable in Scotland but a Scottish court will have to take notice of fact English court has made orders.

lol - and here in Scotland lawyers say it isn't at all unheard of for the courts in England to seize jurisdiction they do not have!