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 :)

I mean he can’t contact me directly anymore so through a third party he can have supervised in person visits to begin with the move forward from there.

Have you saved or screenshot texts so he can’t delete them?

Yes

But how do you actually propose supervised contact works? Often it's on the parent who made away to make the journey for contact

I mean because of the fact there is an actual protection order that he cannot contact me I guess this would be an issue even if we were in England? Maybe through family members, travelling with a baby this age would be difficult.

The judge can’t demand that you live anywhere

They can only order on behalf of the child

If you say you’re not moving then your ex would have no choice but to assume full custody if he insisted the child was returned to Manchester

Is he likely to want that?

I didn’t even know they couldn’t order my return. I thought because I’m her primary caregiver that would be implied that I have to return to? Tbh I think his family would. But as he has a DA case and admitted guilt I don’t think they’d want to give him custody? Unsure though I feel like family court is corrupted

@mamabear2525 What your solicitor is saying if i understand correctly, is he does not know for sure where any application would be heard.

It is where the child is ordinarily resident, which will be determined as time goes by on how long the child has resided at the current location.

So it depends on how long you have resided in Scotland, if such an application is made.

Slim chance

How is it corrupted?

The situation would be that the can't force you to move, but they can insist the baby returns to the original jurisdiction.

In practice this would mean him taking on primary carer role, or you moving. Is he likely to want or be able to take on primary care?

Established relationships and security in Scotland would be my priority now, and ensuring you keep the texts where he's given permission to relocate.

What's the general gist of those texts? Was it just 'im going to stay with family for a bit, back at some point' or an actual 'im moving up to Scotland do you agree'?