INTERDICT TO PREVENT REMOVAL OF CHILDREN

EXAMPLE INTERDICT TO PREVENT REMOVAL OF A CHILD

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.

And

Prevent the former partner from attending at the child's home or the child’s school.

HOW DO I OBTAIN AN INTERDICT ?

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.

INTERDICT WITH A POWER OF ARREST

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.

With 20 years experience obtaining interdicts throughout Perth & Perth & Kinross I can help you.

Do you need a solicitor to help you with obtaining an interdict ?

Call me on 07310 164 305 or use the contact form.