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Contact question Scottish /English law

2 replies

TheHumancatapult · 23/06/2013 14:19

Currently reside in scotland with scottish contact order for childs paternal grandmother, father is deceased, however in process of gaining residence in england paperwork will be dated july 1st for new residence. there are numerous concerns over childs wellbeing given that members of his paternal family are now making threats to mine with the child witnessing this, courts in scotland are not willing to listen to child, or even seek his thoughts on matter, legal advice has stated already i should move to england hence move, but what i need to know is if i break the current order which is under a scottish court, who has jurisdiction the moment my english address is valid / current I have sole custody and

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Bikelock · 24/06/2013 08:01

my understanding/experience of cross-border contact is that the 'new' court will implement the 'old' courts requirements - if you live in Carlisle (for example) it is for the court with juristiction over Carlisle to implement the law.

this is based on my ex-wife going the other way - we lived in England, had a court order in England, and she then moved to Scotland. her local court in Scotland accepted the previous decisons of the English court, but it was they were then responsible for any new decisions.

if your child lives in England it is the English courts that decide on his/her best interests.

TheHumancatapult · 24/06/2013 13:59

Hi now living in Englsnd at time of order ( 18 months ago was in Scotland

The other party does not have any PR over the child either

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