Could my husband apply to have our baby returned to England?

[mamabear2525]

Hi guys any advice would be appreciated.

I have separated from my husband and come back to Scotland with our baby. We have been here for 2 months. He just got arrested and charged for DA against me and is due for court in a few months. He has a no contact order against me also. For context - my baby was born in Scotland and we lived here for 2 months before relocating to England. The apartment has since been given up. I am doing everything to habitual residence here.

What are the chances he can bring us back to England pending an application to the court?

My solicitor says jurisdictional issues mean it is a risk. Does anyone have any advice / real experience?

Please be kind :)

Has he or has he said he is going to apply to the court to make you move back?

No but I am anticipating it.

How old is the baby?

under 1

Did you discuss the move with him. Does he have joint parental responsibility. He could say moving away prevents him having a relationship with his child.

So he gave me consent as I was going for family support with no set timeframe for return. I had been facilitating in person contact until he got arrested for DA recently and now he cannot contact directly. That is why I am anticipating the application

Do you have that in writing somewhere?

Yes on text. My solicitor advised me it could still be argued he did not fully understand it was a permanent move though

Whilst there is a risk the court would take baby’s best interests and safeguarding into account

In theory, he could apply for an order, but if he previously consented, I think he'd struggle. Can you prove he consented?

How about the jurisdictional arguement? I wish I knew of a case similar to mine cos the anxiety is real

I can prove he consented with no set timeframe but he could argue that he did not know it was forever?

It’s bloody unlikely DH could pursue this if you won’t go back to England with the baby.

Did you separate before or after the Scotland move?

before but I think he thought there could be a chance we work things through... (I never gave that idea and just focused on child arrangements) . I am just thinking cos he has been charged now he might try and bring us back

Yes, he could argue that not bringing the baby back from Scotland is abduction.

But your arguments are stronger- child wellbeing outweighs a lot. How does DH plan to bring the baby up as a single parent?

I don't think he does. I am her primary caregiver. I think he would just want her to be in manchester rather than scotland.

Just stay where you are in Scotland. Establish local links and a local support network. Whatever he might try will take a long time and the more you and baby are settled, the harder it will be for him to argue for a move.

My friend was ordered back to SW England with her then 9yr old. She had to stay until the court took into account his own thoughts, wants and needs. Id be very surprised if a court ordered you back with a baby whilst DA is due in court.

doing all of this - secured a job, have great support network. just worried he applies for an emergency order and its granted without hearing my 'side'. don't know anyone who has gone through anything remotely similar

did your friend not have any DA allegations or anything against him? was it a recent move? did she have stable housing to return to? sorry for the questions just trying to see how different her situation is from mine that you think a return is unlikely for me x

its stressful for you cos only the judge can decide on the day, but I can’t see a judge forcing a separated wife and child out of their new, safe life to return to near an abuser. You can fly from London to Aberdeen in an hour should DH be visiting.

Lawyers should tell DH he doesn’t have much of a chance. Judges ain’t stupid - they know about men who use try and use the law to hassle their exes. I wouldn’t think DH would get far, to be honest.

yeah its incredibly stressful especially when you only hear anecdotal stories where the judge favours jurisdiction over safety. praying things turn out right

I have no idea. It will all depend on the Judge on the day.

There was DA but he wasnt charged. All her family is in scotland. She had her own business. I think she had been back in scotland 6 months when she was told to return, that was the appeal hearing.

that's crazy. I don't think I have heard of a successful move 😂

How are you intending on facilitating parental access?