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Maintenance/Access/...
 
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[Solved] Maintenance/Access/Custody


Posts: 2
Registered
Topic starter
(@bryan59)
Active Member
Joined: 13 years ago

Aye, three easy topics for my first post!
I've just returned from Minneapolis leaving my wife. I was unable to bring my 2.75 year old son, Donnie back with me.

We are now entering the legal part about maintenance/access and custody. I want Donnie back in Scotland where he was born. His mother wants him to be in her country. My attorney is - on my behalf - going to request this and states my good reasons for doing so!
What are my chances a Scots Father against an American Mother in a USA court? The attorney thinks it worth a go as Minnesota is quite liberal (I agree it is - but it is not Europe).

Next is she is asking for maintenance now, stating that a Minnesota court will shorty demand xxx dollars per month. My check on gov.direct makes it xxx lower by about 800USD. What is their court system of taking this, if granted. It just happens to be my net monthly income from a temporary job that is being demanded! She says that I must pay 1/2 his dental and medical care as well as childminding. All 3 are free in Scotland .

The 3rd part is access and that is how wide the Atlantic is. I can't afford to fly there, however she can fly for free being an airline pilot.

We lived on a Scottish island, which to me was great. She took a job in Minnehopless taking my son. 6 weeks later I gave up civilization to join her. Our disposable income dropped by 66%.

Bryan

Any advice appreciated - I've never been here before!

1 Reply
1 Reply
 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

Hi and welcome.

I'm suspect that no-one on here is going to be able to give advice as you are under USA law probably - it may be worth having a word with the Scottish Children's Law Centre http://www.sclc.org.uk - I'm not sure how much assistance they can give as you have a solicitor, though not British, so may not count.

The problem if you can get a decision in a Scottish court would be whether it would take precedent over a US court and even if it did, how it could be enforced.

I would certainly say that it would be worth going for holiday contact in the uk on the basis that you ex can get free travel and can probably arrange her schedule around holidays with enough notice.

In this country, contact and maintenance are separate issues and one does not depend on the other - that may not be the case in the USA

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