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I'm moving to Scotland
#1
Hi folks,

New member here and Im seeking urgent advice with a situation I have.

Ive always lived in L. and I obtained a contact order in 2014 to see my 7 year old son (every other weekend) who lives in C. with his Mum. 

I am now moving to Scotland next month for work purposes and his Mother is claiming I need to get a conact order north of the border and the current order is only if I live in England. Complete BS I know but I just wanted confirmation I am right and what course of action I should take if she stops me seeing him again.

She is being deliberately difficult as she always has been and I've already advised her that he would only be coming up to my Scottish home in the school holidays as we would stay with my L. based relatives in between.

Please advise as the thought of me not seeing my son is driving me up the wall. At least I know if she stops me she is in breach of the contact order AGAIN and has already been threatened with prison for her last failure to abide by it.

Many thanks in advance for any advice/help/assistance
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#2
Hi,

If you move permanently to Scotland you would need to get your contact order varied if your contact times changes also.

Will you continue to have contact with him every other weekend?

I have removed names of cities to protect your identity.

F.
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#3
I don't think you need to do anything unless you need to vary pick up drop off times or change the days you have as Frisbo implies.
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#4
(05-10-2017, 10:59 AM)marccs7 Wrote: Hi folks,

New member here and Im seeking urgent advice with a situation I have.

Ive always lived in L. and I obtained a contact order in 2014 to see my 7 year old son (every other weekend) who lives in C. with his Mum. 

I am now moving to Scotland next month for work purposes and his Mother is claiming I need to get a conact order north of the border and the current order is only if I live in England. Complete BS I know but I just wanted confirmation I am right and what course of action I should take if she stops me seeing him again.

She is being deliberately difficult as she always has been and I've already advised her that he would only be coming up to my Scottish home in the school holidays as we would stay with my L. based relatives in between.

Please advise as the thought of me not seeing my son is driving me up the wall. At least I know if she stops me she is in breach of the contact order AGAIN and has already been threatened with prison for her last failure to abide by it.

Many thanks in advance for any advice/help/assistance

Juristriction in your case is decided by the location of the Child. Where you live does not come into it.  As an example, someone who lives in the USA could obtain an order here, for their child who lives with the ex here, for a 2 week block on the summer only.

Your order is valid as its stands. If any parts of it are not followed, you file a C79, Application for Enforcement.

Be aware that if you allow an aspect not to be followed 3 times, it can no longer be enforced.

However, if you are seeking to change any of it, then you need to apply on a C100, to vary the order.

There is no legal issue with you taking the children to Scotland, you only need consent from everyone with PR if taking them out of the UK, or a Court Order to say you can. However, I would ensure your ex has an emergancy contact number just in case.

If you do vary the order, I would suggest you ask for a 2 week block in the Summer Holiday, so in fact you can take them on a holiday to see Scotland. My brother lived in the Boarders and my kids loved it when they visted him, and also we went to a Caravan Site near Berwick on Tweed once what they liked. Note that they lived in a New City at the time. It makes a nice change from Southend, Bournmouth, North Wales etc.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
Amazing post Mark, you got to love the way you give your advise and tips for secret hideouts. Makes me want to book my holiday now!

F.
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