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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9973
Experience:  30 years as a practising solicitor.
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My wife has left the marital home and taken our children, however

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My wife has left the marital home and taken our children, however the children aged 10 and 6 wanted to stay with me. Do they have a say in scots law that they can stay with me.
Thank you for your question.

In terms of the Children (Scotland) Act 1995, a child of over 12 is deemed capable of deciding with which parent he or she wants to stay.

Children who are younger than that may have their views taken into account in any court proceedings if the Sheriff considers it appropriate to interview the children but the wishes of the children will only be one factor in the assessment of what is in the children's best interests overall.

So the answer to your question is that, yes, they do have a say, but other factors will also be taken into account in deciding the issue.

I hope this helps. Please leave a positive response so that I am credited for my time.
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