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lmclardie · Jan 30, 2014, 06:57 AM

Hi, my husband and I separated 8 and a half years ago I moved from scotland to england with our 3 children he then came and took the children back to scotland and as they were residence of scotland there was nothing legally I could do. He moved and changed his number and seemed to disappear. I've been to scotland many times trying to find my children with no joy. I recently found out that he passed away a few years ago.
I now have found out what area they live in.
So the question is where would I stand if I went and took the children, would I get arrested for kidnapping my own children?

Fr_Chuck · Jan 30, 2014, 07:05 AM

What legally has he done during this time? But there was all sorts of legal things you could have done, before you left Scotland and after he took the cihldren back. But that is too late.

You said, separated not divorced ? So you stayed married ?
If so, you are the mother and who ever has the children have no real legal rights >
BUT>>>> if they filed and lied about you or did not know where you are at , then they may have gotten a legal guardianship.
So you should talk to the people who have them, find out the legal status, and see if they will just give you the children, when you DEMAND them.

If not, best to get a local lawyer there to proceed

lmclardie · Jan 30, 2014, 07:16 AM

Thank you for your reply. I've been to all local lawyers and they wouldn't take the case on, so I tried to get a scottish lawyer but as I no longer live in scotland they wouldn't help. Stayed married, they had my parents address as a contact address. I am unable to talk to the people that have my children as I don't know who has them at present.

stinawords · Jan 30, 2014, 10:43 AM

I would imagine that, because of the father's death and you not being in the country, the people caring for the children have some sort of legal guardianship. You said they have your parent's contact information. Have your parents heard from or seen them at all? Do they know the whereabouts of the children or an agency that worked in placing the children after their father's death? Because it has been this long I foresee you having a harder time getting the children back (not saying impossible). I would contact a couple more lawyers before giving up.