Difference Between Scottish and English Family Law?
Thursday, July 29th, 2010 at
10:01 am
TwinSal asked:
I live in Scotland with my 6 month son. His dad lives in England and has equal rights and responsibilities (his name is on birth certificate, but we never married). I have been considering moving to England, but not to live with the dad as we are not together. The dad says if I wanted to move back to Scotland from there or even take a holiday in Scotland without his consent, he could get me arrested as English law takes into account Scotland is a different country. I thought because we are in Britain that would not be the case. I also thought he would have to have a good reason to think I would not let him see his son, which is not the case, and apply to the courts.
Also, I want to bring my son up without using smacking as a form of punishment. He wants to use it “as a last resort”. It is illegal in Scotland to smack a child under 3, but apparently not in England. Does this mean he can smack our son without my consent if he’s caring for him in England, either on holidays or if we live nearby?
I called citizens advice and apparently the law in England says consent of both parents with rights and responsiblities has to be acquired before leaving the UK even for a holiday, but nothing was said about needing it to holiday in Scotland. Since we are part of the UK I presume it’s ok. I guess it’s about trust really and discussions with ex should sort that issue. One difference between England and Scotland is if you fear abduction, you have to apply for a court order in Scotland against the other parent taking the child out of the UK. In England you don’t need a court order.
The smacking issue is complicated. In England you are allowed to smack providing it doesn’t leave a mark or a scratch, and not on the head or with an implement. However, I remember when I was at school and corporal punishment was allowed, consent of the parents had to be acquired first.
I live in Scotland with my 6 month son. His dad lives in England and has equal rights and responsibilities (his name is on birth certificate, but we never married). I have been considering moving to England, but not to live with the dad as we are not together. The dad says if I wanted to move back to Scotland from there or even take a holiday in Scotland without his consent, he could get me arrested as English law takes into account Scotland is a different country. I thought because we are in Britain that would not be the case. I also thought he would have to have a good reason to think I would not let him see his son, which is not the case, and apply to the courts.
Also, I want to bring my son up without using smacking as a form of punishment. He wants to use it “as a last resort”. It is illegal in Scotland to smack a child under 3, but apparently not in England. Does this mean he can smack our son without my consent if he’s caring for him in England, either on holidays or if we live nearby?
I called citizens advice and apparently the law in England says consent of both parents with rights and responsiblities has to be acquired before leaving the UK even for a holiday, but nothing was said about needing it to holiday in Scotland. Since we are part of the UK I presume it’s ok. I guess it’s about trust really and discussions with ex should sort that issue. One difference between England and Scotland is if you fear abduction, you have to apply for a court order in Scotland against the other parent taking the child out of the UK. In England you don’t need a court order.
The smacking issue is complicated. In England you are allowed to smack providing it doesn’t leave a mark or a scratch, and not on the head or with an implement. However, I remember when I was at school and corporal punishment was allowed, consent of the parents had to be acquired first.
Tagged with: Abduction • Citizens Advice • Rights And Responsibilities
Filed under: Scotland
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You can get free advice on this from Citizens advice bureaux. Don’t let him try to coerce you. Believe me I’ve been there with my ex. The law may differ slightly between the two countries but you are not leaving the UK with your son so it’s not an offence.