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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11152
Experience:  30 years as a practising solicitor.
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I have 2 children to my husband and although I told him months

Customer Question

I have 2 children to my husband and although I told him months ago I wanted to split up he is refusing to leave the marital home. He insists that as it has been me that instigated it I should be the one who leaves plus I can't take the children with me as he doesn't see why he should miss out on them. He says that I can't cope with kids with my job as sometimes I have to be away early in the mornings so I can only see them at weekends. He works part time in evenings and has done for last year after being out of work for couple of years as he was sacked from his job. It was at this point I had to change from being part time and looking after the kids to full time to keep a roof over our heads. When he is at work it is his parents that look after kids till I come home as my family live about an hour drive away. I have asked him to work with me so kids don't lose out as they need both of us but I have no where to go with the kids here and he is saying I can't move to where my family is. I need to know legally what I can and can't do.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Neither of you can make the other leave the family home.

Neither of you can remove the children without the consent of the other or a court order. You both have equal parental rights. Both of you have to act and take decisions which are in the best interests of the children. You will have to reach agreement on what is to happen, perhaps by mediation. If you can't make an agreement you will have to let the court decide.

Happy to discuss further.

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