Disputes may arise between former partners or couples where one party threatens to remove the children from the other party or even leave the area altogether with the children. Threats to act can be extremely worrying for children & resident parent.
What can be done in the face of such threats ? In Scotland, one can apply to the court for an Interdict to prevent a person carrying out specific acts or entering a specific location.
I have successfully obtained many interdicts over my career as a family law solicitor in Perth. Need help ? Call me on 01738 245317
Your former partner has threatened to remove your child and travel to another part of Scotland or the United Kingdom. Or you are worried about a threat to the safety of your child from a former partner.
What can you do to stop this ?
In these examples interdicts could be sought to –
Prevent the removal of the children from the jurisdiction.
Prevent the former partner from attending at the child's home or the child’s school.
An action would be raised at the local Sheriff Court, most likely in Perth or Dundee. Your action must show good reason why the court should grant you your interdict; for example you may be able to show that the former partner has consistently acted in a certain way or is making plans to carry out their threat.
If the court is convinced of the merits of your application and considers that the threat from the former partner is imminent, the court will usually grant an interim interdict pending a full hearing of your application at a later date. The court will issue an order showing the interim interdict which we would serve upon your former partner. If the former partner did act in contravention of the interim interdict they could find themselves subject to a fine or imprisonment.
An interdict can be granted by the court with a ‘Power of Arrest’ attached, which gives the Police authority to arrest a person where that person has broken the conditions of the interdict. The attachment of the Power of Arrest can last up to three years and where you may think it necessary to apply for an extension to the Power, an application can accordingly be made to the court.
We can help you with:-
CONTACT WITH CHILDREN
RESIDENCE OF CHILDREN
PARENTAL RIGHTS & RESPONSIBILITIES
FINANCE PROVISION ON DIVORCE
You can write to us here:-
Louisa J Wade
Family Law Solicitor
2 Ardchoille Park
Or contact us via:-
Phone: 01738 245317
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