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Relocation with child - Advice needed

28 replies

edinburghmum1985 · 19/11/2013 18:33

Hi there...

I am relocating from Scotland to England next year and wondered if anyone had any advice on this topic or the 'leave to remove' court orders?

I have been separated from my child's father since pregnancy and he is not registered on the birth cert nor does he have parental rights & responsibilities although he does see her for a few hours each month.

Should I apply to the courts for permission to relocate? Someone had mentioned that there may be chance if we relocate he could have the courts order us to come back? Surely not?

Any advice appreciated :-)

OP posts:
STIDW · 27/11/2013 20:00

Legal aid in Scotland is on a sliding scales depending on the amount of disposable income someone has once they have met their essential outgoings. Working full time isn't necessarily a bar.

Emergency legal aid can be granted if a case is urgent enough. When someone isn't eligible for legal aid they either have to fund their case or represent themselves.

There is a danger that unreasonably objecting to legal aid, trying to delay hearings etc and relocating the child without the father's consent will be deemed obstructive which won't help your case and has cost implications i.e. you can be ordered to pay his legal costs.

FloatingFree · 27/11/2013 20:06

Just thinking logically, which is I hope how the courts will try to view things, a case should be viewed on its own merits and how a person has the means to pay for their case is somewhat separate. Don't get me wrong, I am also part way through a very difficult divorce and child contact 'battle' and finding it very tough. But I think if I were you I'd be concentrating on putting my best case forward rather than trying to stop that person from making a case, if that makes sense. I'd hate for you to lose face over the fact you've tried to prevent legal aid when it comes to the actual facts of the matter, if you can see what I mean.

STIDW · 27/11/2013 20:12

PS YOu are probably right, he is likely to be awarded PRR. He may also be awarded more contact. Whether or not he can stop you moving is a different issue. However if you act unilaterally and move without his consent or permission from the courts it won't help your case.

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