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Family law advice

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  • Family law advice

    My ex husband who was convicted of serious assault on me when I was pregnant . Has come back into our daughters life and I currently have full custody. He lives in Scotland (he is remarried with 2 boys ) I live in England. He wants our daughter to stay with him and his family for a week in Scotland. I am going to be present for the first 72 hours in Scotland to see how our daughter feels about staying the rest of the week . If he tries to take her off me , would I have any recourse?
    do I need to put legal things into place to ensure our daughters return to my care?
    he has never had her overnight before and has only visited our daughter 5 times in her 8 yrs.
    I appreciate any advice please .
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  • #2
    Hello,

    Yes, you would have recourse if he attempted that. Without diving into the specifics, a Sheriff in the relevant jurisdiction would order your ex-husband to deliver your daughter to you, failing which he would empower Sheriff Officers to search for and recover your daughter and return her to you.

    There are ways to have this in place ahead of the fact but I would strongly suggest obtaining independent legal advice, as it is not going to be a straightforward matter, nor is it likely to be quick.
    ----- DISCLAIMER -----

    I am a former trainee Sheriff Officer who became disillusioned with the Scottish legal system so left the industry. I will offer insights from my first-hand experience, but *I am not a legal professional and you should always seek independent legal advice before acting on anything I say*.

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    • #3
      When you say you have full custody, is there a formal custody arrangement in place through the family court?
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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