Can my lawyer represent me?

[footballfanlife]

My ex has moved 400 miles away with my children with her new partner to England and I live in Scotland. I agreed but want regular contact. Can a Scottish lawyer represent me in an English court or will I have to get an English lawyer?

Thank you

But they may struggle to advise you as the law can be very different. I wouldn't do it in reverse.

@Collaborate that's true. do you suggest I just travel and get an English lawyer instead?

Go through your Scottish lawyer. They could work in tandem with your English one, such as take statements etc but the advice needs to come from the lawyer practicing i the jurisdiction of the court.

@Collaborate ok, so I should only need to travel to England for hearings and would meet that lawyer there?

Bumping on the off chance there is a few family lawyers on here

The short answer to your specific question is no unless they are dual qualified. (1) England and Wales on one hand and (2) Scotland on the other have totally separate legal systems, separate law societies (solicitors professsional body) and bars (Barristers).

In some circumstances, individuals may be granted a waiver to appear in the other jurisdiction but would you really want this? The rules of court and in some cases the substantive law are totally different in each place.

That said, if you are just concerned with contact and there is a possibility of an agreement (ie. something that is not going to need a court hearing and could be done on paper), it's not impossible that a lawyer from one jurisdiction would be able to negotiate with one in another. If you are going to need court process, I suspect you will be better off having a lawyer qualified in the jurisdiction in issue.

brodies.com/divorce-and-family-law/blogs/the-rules-of-jurisdiction-for-family-cases-in-scotland/

www.familylawweek.co.uk/site.aspx?i=ed81249

www.clarionsolicitors.com/mobile/in-life/family/settling-in-england-or-scotland-a-potential