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JGM, Solicitor
Category: UK Family Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor. Partner in own firm.
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My son is currently trying to prevent his ex partner moving

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my son is currently trying to prevent his ex partner moving away with his seven year old son , which would in effect reduce my sons contact with his son from 50 percent joint residency to every second weekend and half holidays.
JA: Are there any minor children from the relationship? What is the custody situation?
Customer: my son has a seven year old child from the relationship and 50per cent custody at present .
JA: Family law varies by state. What state are you in?
Customer: we do not live in America , we live in Scotland UK
JA: Anything else you want the lawyer to know before I connect you?
Customer: My sons ex partner tried to move away without consultation and he has so far been successful in obtaining a court order in March this year , preventing her relocating him until an evidential hearing is heard in court next week .
Customer: replied 2 months ago.
the ex partner has stated she wants to move closer to college - (she isn't enrolled on a college course) - that their son is being bullied at school and she wants to enrol him in another school away from family and extended family support (he has good reports and his teachers say he is popular with all his peers). That he is scared of his father - (his son is a happy , lively , and loving little boy who has shown no signs of fear or unhappiness while in the care of his father and family ). What is your opinion regarding this case.
Customer: replied 2 months ago.
the ex-partner doesn't work and has argued that while my son is at work , we as grandparents pick him up from school , therefore stating that he is not exercising his access properly. we have provided support for our grandson since he was born , he has learned to ride a bike , plant vegetables , go fishing, swimming , football and he has contact with his extended family .
He comes for dinner after school when required and occasionally stays the night here with his little sister when his dad and step mum are going out . surely this is normal in families to accept support from grandparents
Customer: replied 2 months ago.
My son's solicitor has asked if he wants a proof writer at the hearing incase he needs to appeal. Do you think she expects him to lose ?

Thank you for your question. I am a solicitor in Scotland. Your question was posted to UK law and I have retrieved it. I have read your narrative. Whose case is this, the mother's or the father's and what orders are sought. Does your son have an interim interdict against removal. I see a proof has been fixed. Who are the various witnesses? I have to say on balance and only from what you have said in your narrative there would appear to be better reasons that the child's life stays as it is than change just because she wants to go to college but I don't of course have all the facts. Tell me more about the bullying, for examp,e, and what is being done about that? Please tell me all relevant information and I will give you a view. It will of course just be a view. The court will hear the evidence and make an order based on what is thought to be in the best interests of the child.

Customer: replied 2 months ago.
Thank you for your reply- the case is my sons and I am sorry for the long drawn out explanation .Iwill try to keep the detail to the point and brief for you . My son was forced to take out an interim interdict in March this year, preventing his ex partner removing their son from his school and relocating him to Auchinleck from Stranraer and ensuring that continued contact arrangements were kept in place. This was only after his son mentioned to him after being picked up after school, that he was going to start a new school 2 days later . An interdict was granted and is still in place . After this , my sons ex , tried to prevent their son having contact , stating that their son was afraid to be with him (unfounded). My son then had to file an action of contempt of court. The contact recommenced with no evidence of his son being distressed. It transpires that the ex partner(& her boyfriend) had already taken up a short assured tenancy in Auchinleck (now 5 months ago & continuing ) and handed in notice for her secure tenancy in Stranraer ( of which I believe notice has been retracted meantime, which would mean that she has two tenancies on the go , raising a querie on who or how two rents are affordable ? ) Matters have progressed as mentioned in my previous comments and Witnesses to the evidential hearing next week will be my son , his wife , myself , my husband , the ex partner and her new partner ( I am unsure who else on the defence side , but possibly her mother and father too ) we also have school reports and a supporting letter from the school head teacher. There is no foundation to the allegation made by the ex partner that their son was subject to bullying in school for example : recently she told the school that another boy had bent his fingers back causing him to attend A & E and sent him to school in a sling. The school checked their cctv and it became apparent that while playing football he fell over after a 'bad tackle ' . He didn't need the sling and showed his dad how he could move his arm about as it was 'better ' after being told if his arm was too sore he couldn't go to football practice. He is already talking about looking forward to returning to school after the summer holidays . He is popular with his peers and plays football with all his schoolmates , is happy and achieving well in his school work . The ex partner has now provided details of the college course she had intended to apply for and a list of possible jobs in Ayrshire which she could apply for once she is qualified . She is not yet enrolled in a course. Her boyfriend is an agency worker and apparantly can pick and choose where he works , but is currently advertising on social media for work cleaning gutters and roofs in the Stranraer area. They have provided my sons solicitor with a reference from the landlord in Auchinleck outlining all the benefits of living in that area re leisure and recreation , schools etc etc . all of which are equally / more available in Stranraer. I could go on ... any advice you can provide would be gratefully accepted .... is there anything we can do to make my sons case any better ? we are nearly at the end of our tether . ... thank you . M
Customer: replied 2 months ago.
I should add - re bullying , even though we nor the school believe that there is any issue , the school has given Nathan a support teacher or equivalent who he knows he can speak to if he has any worries etc .

I have nothing to add to what I said above. The evidence you have would on a balance of probabilities be sufficient for your son's case to be successful and there is no compelling reason why Ayrshire would be any better than Stranraer. The fact that they have also tried to move by stealth will not endear the mother to the court. I think you have a good case on paper. I hope that helps. Please leave a positive rating so that I am credited for my time

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