assets after divorce

I live in England my ex lives in Scotland with the children. i had my application for a C79 returned because ex now lives north of the border and told to pursue the c79 in the Scottish courts, the assets are in Scotland ..can i request that the finance are dealt with by the Scottish courts as they are going to be dealing with children,.we were divorced in England.

You will need to speak to a lawyer in Scotland about that. Since you were divorced in England and you live there you can certainly use the English courts to resolve the financial issues arising from the marriage. Whether you can also use the Scottish courts only a lawyer qualified to practise in Scotland can tell you.

would it be possible ,to ask the courts in England not to make any decisions on financial matters until i have had a chance to get Scottish courts to resolve matters in relation contact with my children. thank you for your advice .

I doubt that contact with children has anything to do with the financial issues arising from the marriage. If you and your ex were disputing who the children should live with that might conceivably be relevant. However, before you go darting down that path if the children have habitually lived with your ex in Scotland it is very likely not realistic to be seeking residence.

Just as an aside if you live in England and your ex wife and children live in Scotland are you sure that issuing a court application about contact is sensible? Now, I don't actually know how far apart you and the children live. So far as I know you may each live within a few miles of the Scottish border. However, the chances are that in fact you live a long way away from the children.

If that is the case what is the point of trying to force terms of contact? After you have travelled a hundred or so miles what will you do if your ex says, 'They are poorly today' or 'They have gone to a friend's for the week-end'? Are you going to go back to court every time? The fact is that a parent who is difficult about contact is likely to remain difficult about contact whether there is a court order or not.