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Establishing residency in Scotland with baby after separation and domestic abuse concerns

1 reply

mamabear2525 · 24/04/2026 20:14

ANY EXPERIENCE / ADVICE WOULD BE GREATLY APPRECIATED!!
Right, I am going to try keep this concise:
I have moved back to Scotland with my baby after my marriage separating. she is under 1 and I am her primary caregiver. we lived in Scotland for the first 2 months of her life in my family home and have been back + forth since so very familiar environment. my husband gave us consent to go with no set timeframe of return. we have also given up the flat we rented so no Homebase to return to - he is living with his family.
it has been 2 months since we have been back and I want to establish permanent residency here. I have secured a job, in the process of buying a flat and have been facilitating ongoing contact. I have evidence of a history of DA and he is very difficult when it comes to boundaries.
I am scared of him going to court in England to file our return and I am also scared of the jurisdictional issue seeing as though this is a 'recent-ish' move.
I was advised by a lawyer we need to reside here for at least a year for there to be no jurisdictional issue but I am not sure I can keep him at bay for that long. I am scared of him and I am scared of the system based on others stories.
any help pls - pls be kind, this is all very anxiety inducing :)

OP posts:
FunnyOrca · 24/04/2026 21:29

You may have been in touch with them already, the Scottish child law centre are fab and good at dealing with “cross border” issues. https://sclc.org.uk

It sounds like your baby was born in Scotland? Did you have midwife care and health visitors? Your HV will be your child’s named person. Make sure she has one and that you and your circumstances are known to them.

It doesn’t sound like you have anything to return to in England and weren’t there for very long anyway. I don’t know the law but it seems unlikely you can be forced back, particularly with stable job and family support of baby.

Free Expert Legal Advice | Scottish Child Law Centre

We provide free and confidential legal advice by phone and email about Scots law relating to children and young people.

https://sclc.org.uk

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