The number of families with ties to countries outside Scotland is increasing, with partnerships between citizens of different countries very common. Unfortunately, relationships do break down and this can cause issues when families have interests in separate countries. Our no-nonsense advice and guidance can take you through this difficult time.
How does international family law impact Scots law?
Our laws here in Scotland are increasingly influenced by the global environment in which we operate, so the scope for international family law and its impact here in Scotland is far greater than many people realise.
Different countries all follow their own approaches to divorce and family law, which will impact families in different ways. We can advise on how Scots law will deal with issues which you may be facing.
How can I relocate with my child?
As family circumstances change you may wish to take a child/children to live outside Scotland. Removing a child from the UK requires specific consent from anyone who holds parental rights and responsibilities for that child (or an order of the court).
If agreement regarding relocation cannot be reached, we are experienced at litigating the matter before both local Sheriff Courts and the Court of Session.
The courts in Scotland always have the welfare of the child as their main consideration, so any parent looking to move abroad with children will need to persuade the court that it is in the best interests of the child to do so. As part of the proposal, the parent looking to move should set out in great detail the proposed arrangements for the child, such as schooling, housing and contact with family which remains in Scotland.
The courts now presume both parents have an equal involvement in their children's lives, so it has become difficult to relocate with children even when the proposed move is with the principal carer. Therefore, it is important for parents seeking to relocate to seek experienced legal advice at an early stage.
Can I prevent my ex-partner moving internationally with my child?
It is possible to obtain an interdict, if you have reason to believe the other parent is likely to try and remove a child without your consent.. A solicitor will be able to advise whether the court is likely to decide in your favour and will guide you through the necessary steps to obtain the order.
If you are unable to resolve issues of residence with the other parent our experienced family lawyers can take you through the various options available. If you would like to find out more about our services, please get in touch with one of our team at one of our offices in Edinburgh, Glasgow, Bathgate, Dalkeith or Musselburgh.