Interdict/Exclusion Orders Glasgow, Scotland

The civil courts in Scotland have the power to make orders which stop people from acting in a manner which is harmful to you. Whether you are worried about being abused or about your legal rights being breached in some way, we can help.

Although both parents usually have parental rights and responsibilities and although parents are entitled to exercise their rights independently of one another, it is against the law for one parent to take a child out of the country without the consent of the other parent. If you are worried about your child being taken abroad without your consent, get in touch without delay. It may be that action needs to be taken urgently.

Don't suffer in silence 

If you are suffering from abuse at the hands of any other person, whether you are together in a relationship or not, then the court can make orders to protect you.

An Interdict is an order granted by the court prohibiting a person from doing something which is wrong or illegal. An Interdict can be granted immediately, giving you protection straight away. (They are known as Injunctions in England).

A Power of Arrest is an additional layer of protection which the court can add to an Interdict. If your Interdict has been granted as a result of domestic abuse, then the court must grant a Power of Arrest automatically. In other cases, the court will grant a Power of Arrest if to do so is necessary to protect the you from a risk of abuse in breach of the Interdict. The Power of Arrest gives the police the right to arrest a person without warrant if they have reasonable cause to suspect that the person is in breach of the Interdict and they consider that there would be a risk of abuse if the person was not arrested.

Ownership Irrelevant

The court can make an Exclusion order which forces one party to a relationship to stay away from home. An Exclusion order can be made whether you are married or simply cohabiting. If you want to seek an Exclusion order, it doesn’t matter whether your home is owned by the person you want to exclude, or neither of you own it. The law gives you occupancy rights. The court can enforce those rights and suspend or restrict the occupancy rights of your spouse or partner. The court can also transfer a tenancy into your name.

The law says that you have the right to be free from harassment. If someone is acting towards you in a manner which causes you alarm or distress, then the court may grant a Non-Harassment order to force that person to stay away from you and leave you alone. Breach of a Non-Harassment order is a criminal offence punishable by imprisonment. Like with a power of arrest, the police can arrest a person without warrant should they suspect that person to be in breach of a Non-Harassment order.

Contact our Family Law Solicitors Glasgow & Edinburgh, Scotland

Beltrami & Company are conveniently based near Glasgow city centre but operate throughout Scotland. Any calls to our offices out with normal business hours can be dealt with by an experienced solicitor.