Can I move away with my kids to England from Scotland?

[meserable]

Nc'd for this.

I co parent my two children with their dad, my soon to be ex husband. He has them more than I do because I work, he's never worked and I need to provide for them. We live in Scotland but I want to move back to England (I'm from there) because he wants to move them to an Isle and it's really scaring me now. I want to just go to my mum with them but I don't know if I can do that? The whole situation is a mess but I'm deeply depressed right now and just want to go home, I've been stuck in hell for the last four years and I've had enough. He's not bad to them per se, although he does mind games on our daughter (4) and he's very manipulative. Are there specific legal issues with moving across the border? If I told him about it, he'd stop me, hence wanting to just go.

He'd stop you presumably because he is their primary carer.

I'm sure if you took them without his consent he'd be able to get an urgent order from the court requiring you to return them to his care.

Any change of school will require the consent of both parents, so he can't just move her away to a new school without your consent.

Speak to a Scottish family lawyer. I am an English family lawyer, but I believe the principles I've set out above apply to both jurisdictions.

I live FT in England with my daughter. We haven't seen the father for a couple of years. Can I apply for work and relocate to Scotland without the fathers permission?

You may not be able to move with them to England but I am sure there should be a “probation of steps order” court recourse in Scotland that you can use to stop him relocating the children away from you.

Damn the autocorrect, that should read “Prohibition of steps order”!

As he is the primary carer through your current setup, you need a lawyer. He can't move up to the islands and you can't move to England- both would be able to apply for a prohibitive steps order. How old are the kids? Has he always been the primary carer? How long does he have them for now, what would the future split if time be. What do they want? There are so many variables- it's never a straight forward yes or no, which is why a family lawyer and as soon as you can is the best way forward.

The law in Scotland is that you can't move them (and vice-versa) out of the current Sherrifdom without agreement.

He can obtain an emergency court order to prevent you moving, pending a full hearing to look at the issues - this will take months & likely cost over 25K (unless you qualify for legal aid).

Sorry to be the bearer of such depressing news; I wanted to move too & was unable to as he wouldn't agree.

Don’t take the advise on here. I listened and most people are wrong. Seek Legal advise. Even if free advise . I am doing the reverse move and wish I had just moved. If you apply to court for permission like me you will be stuck in the system months to years.

@wombleflump

Don’t take the advise on here. I listened and most people are wrong. Seek Legal advise. Even if free advise . I am doing the reverse move and wish I had just moved. If you apply to court for permission like me you will be stuck in the system months to years.

Example of how some people know nothing but advise that the right advise is wrong

Either way you need a solicitor. But the advise is correct.

It’s individual though. Generic right advice is not always correct. I have found this out the hard way and I was given a lot of quite wrong advise on here who maybe meant well but were wrong!

If a working dad wanted to bugger off to another country and take the two children away from the primary carer/mum I suspect there would be uproar!

Whilst it might be strategically advantageous to move, set up a new status quo and make it more difficult for the other parent, I have questions about how ethical such a thing were. Also, we have to remember who the primary carer is in this instance and how distressing it would be for the children taking them away from this figure, friends and everything they know.

Hopefully this will go to court and the primary carer will continue in that role. If you wanted to move meserable then half the holidays and zoom/whatsapp calls are the standard arrangements for the working parent.

Skeptadad why do you have to come on all the legal chats about child contact and make it all about the dad or your personal story and act like you know the facts.

The op says the dad is manipulative. She has to work to provide for the kids because he doesn’t work. She never said she is happy and agreed for him to be the primary carer.

Havent you done the same thing? Told OP to move children away from their primary carer because she is the mum? I don't think I have written anything contentious. You are suggesting this parent take the child away from the primary carer and move to another country. I do find that contentious wombleflump. I don't find that child centered whatsoever. I also don't comment on all of them.

Trying to covertly move children away from their primary carer could also be considered manipulative.

Merry christmas to you!

I never said she should. I said seek individual legal advice. I said I wish I had moved but that is my circumstances. She never said her dp was the primary carer or that he was a good carer. I just said every case turns on it’s own merits and general advise with out the background knowledge of the individual case is often wrong.

And it’s the uk legally not another country even if the legal system is different . As I said a lot of misguided advise can be found.

How will the children feel about this?

@wombleflump

And it’s the uk legally not another country even if the legal system is different . As I said a lot of misguided advise can be found.

I agree that there’s a lot of incorrect advice.

But the Op already lives in the UK. She lives in Scotland and she wants to move to England and take the children, so she needs legal advice.

Her ex also can’t take the kids and move to the Isles without her consent.

@meserable please don’t listen to the people telling you to take the kids and move. It will create a whole lot of trouble - you MUST get legal advice and act upon it.

Yes that’s what I meant . Sorry I didn’t write it well. I meant England and Scotland are not different countries.

meant England and Scotland are not different countries.
But they are

@wombleflump

Yes that’s what I meant . Sorry I didn’t write it well. I meant England and Scotland are not different countries.

They really are though. With different laws and rules. OP needs legal advice from a legal professional.

@wombleflump

Yes that’s what I meant . Sorry I didn’t write it well. I meant England and Scotland are not different countries.

Of course they are!

With different legal systems.

Why do you think they are not different countries?

They are different legal jurisdictions correct but for the purpose of child relocation they are considered the UK( the same country) So it’s not treated like moving abroad. In that It’s not
Child abduction to move.

It’s still a internal not a external relocation

If you want to regain some control arrange childcare and pay for it then it's less easy for him to claim primary carer status

Where do the children sleep

Who claims the benefits for the children