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Child custody


Answer

This is family law and as such the police have no jurisdiction over the matter. You need to seek further advice from your solicitor. It is likely that the case will go back before the court, who will decide what course of action to take.

However if you have concern for the safety of your child then you should contact Police Scotland by dialling 101 to instigate a missing person investigation.


Answer

The police cannot immediately attend your partner's and remove the child unless there is a specific power to do so given to them within the order or they are satisfied that the child is or will be subject to significant harm.

A court can vary the conditions within a residence order provided they are satisfied with the existence of the order and that the other parent is in breach of the order.

There are other orders that you can obtain which may prevent a similar situation arising. A solicitor will be able to give advice on this matter or you can get further information at the identified website.


Answer

You need to contact your solicitor to see if they can resolve the issue and if not, seek another hearing in front of the judge.

The police have no powers to go and remove the child without concern for the child's safety. The police will, however, do a welfare check on your child to confirm that the child is fit and well if there are possible concerns over their well being.