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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10650
Experience:  30 years as a practising solicitor. Partner in own firm.
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Good afternoon. My husband and I are unable to make contact

Resolved Question:

Good afternoon. My husband and I are unable to make contact with his daughter. She is 7 years old and he mother is denying visitation rights nor answering any form of communication (phone calls, email, text etc). There has been no problems previously and all parenting has been kept very amicable. Over the past 5 months though communication has vanished to the point where we cannot make any contact with her. The last conversation that took place was very hostile in which she stated to my husband that we were not able to see his daughter over Christmas. We are genuinely surprised as how this suddenly amicable relationship between all parties has changed. Is there anything that we can do to ensure that my husband has legal rights to see his daughter?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.

Clare :

Hi Thank you for your question.

Clare :

My name is XXXXX XXXXX I will do my best to help you but I need some further information first.

Clare :

What contact has he had in the past and are there any court orders relating to contact?

Customer:

Hi. There are no court orders or anything like that.

Customer:

He used to see his daughter every weekend, but then had to take a temp job over seas which is just coming to an end. Even when out of the country he still calls at least once a week. Payments have also been made every month direct to his daughters mother since the day she was born of 250 pounds.

Clare :

When did he go abroad?

Customer:

During school holidays his daughter stayed with us for longer periods of time of up to 2 weeks. We even paid for her to come and visit us abroad (Qatar) last year for two weeks in her holidays with her grandmother. She had a fantastic time.

Clare :

So when did he last see her?

Customer:

We cannot understand why all of a sudden she wants to cut all communication and prevent us from seeing her especially since xmas is near. We last saw her in July for 2 weeks. We are supposed to have her for a week over xmas.

Customer:

His daughters mother (Karen) also has two other children. One younger and one slightly older. They are all from different fathers, one of which to continues to have a very hostile on/off relationship with.

Clare :

When do you return to the Uk?

Customer:

We are due to permanently move back to the UK as our house extension is now complete. Hence why he went to Qatar to pay for the extension. We hope to be back within the next 6-8 weeks. Our house is in Cheshire but his daughter lives in scotland

Customer:

His name is XXXXX XXXXX birth certificate.

Customer:

Do you require any other information?

Clare :

The fact that the child i sin Scotland means that any court case will be dealt with there - and there are subtle differences in the way that the courts work

Clare :

I shall opt out and transfer this to the Scots law section.

Clare :

There may be a short delay - but please be patient as my colleagues are well worth waiting for

Expert:  JGM replied 3 years ago.
Thank you for your question.

I am a Solicitor in Scotland. What has to be done here is an immediate application to the sheriff court in Scotland in the district that your daughter stays. Your husband is seeking an order for contact to his daughter. He will need to instruct a solicitor in Scotland with experience in family law and again that solicitor should be based in the vicinity of the court that the action is going to take place.

I am happy to discuss further but that is what he should be doing.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10650
Experience: 30 years as a practising solicitor. Partner in own firm.
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