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Hi folks,
I'm looking for assistance with a problem I have.
Im due to move to Scotland next month for the foreseeable future and my Son's mother is being as difficult as possible (as always)
I had to obtain a contact order (english court) in late 2013/2014 over access to see him fortnightly which she initially breached but then when she was threatened with Prison subsequently complied with.
Now she has learned I am moving to Scotland and is refusing to comply with the order saying I need a new one as I'll be living in Scotland.
I explained that my fortnightly visits (every other weekend) wont be affected and I will be staying in England either at my Mums or at a hotel. She refuses to acknowledge this stating I may run away with my son to Scotland.
Very bizarre but now I'm back to square one effectively. She claims I need to get a contact order through the scottish courts as I'll be residing there.
Can anybody advise me as it is my thoughts that as my son lives in England then the existing contact order is good enough?! She refuses to accept that and is just being as difficult as possible :boohoo:
Hi there
This is something I haven't come across before, but I don't think you would apply in Scotland anyway, as family law applications are always made at the location nearest where the mother and child lives...so if you already lived in Scotland, you would still apply in England.
If she is refusing to allow contact she is breaching the order and as she has experienced what would happen, perhaps you should remind her that her refusal is still a breach, regardless of where you move to.
Maybe a solicitors letter to clarify the situation might help her to comply.
It might be that you will want to take your child up to Scotland for holidays, although it's still in the U.K. Scotland is actually classed as out of the jurisdiction, so unless there's a clause in the existing order about allowing you to take your child out of the country, she could refuse you permission to do so.
You could apply for a Specific Issue Order to address this mattter, but you would need to have attempted mediation first. Perhaps this might be an option for you, to get agreement that she will respect the existing order... you could use mediation to reassure her that you have no intention of running off with him and all contact, except during school holidays, will take place in England. If this fails, the mediator would sign off the form to enable you to apply to court, you could then address school holidays and being able to take him away, whether it be to Scotland, or somewhere else.
All the best
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